regon

John A. Kihzhaber, MD, Governor

May 23, 2011

Dennis J. McLerran, Regional Administrator

U.S. Environmental Protection Agency, Region 10

1200 Sixth Avenue RA-140

Seattle, WA 98101

Department of Environmental Quality

Headquarters

811 SW Sixth Avenue

Aland, OR 97204-1390

(503) 229-5696

FAX .(503) 229-6124

TTY: 711

OFFICE OF THE EXECUTIVE

uu MAY252DI1

RE: Revision to the Oregon State Implementation Plan - Permitting and Gasoline Dispensing Facility

Rule Changes

Dear Mr. McLerran:

The Oregon Department of Environmental Quality (DEQ) requests approval of revisions to the Oregon

State Implementation Plan (SIP) from the Office of Air, Waste, and Toxics, State and Tribal Air

Programs Unit of the U.S. EPA, Region 10. A paper copy of the amendments and an exact duplicate in

electronic format are submitted for your review.

The Environmental Quality Commission adopted the revisions to the SIP under OAR 340-200-0040 on

February 17, 2011. DEQ submits these revisions to EPA as part of the SIP and pursuant to 40 CFR

51.104.

I certify that public notices were published in newspapers of general circulation on September 30, 2010

and in the Secretary of State's Oregon Bulletin on October 1, 2010. The notices included a statement

that adoption of the rules would revise the SIP. I further certify that public hearings were held on

November 1, 2010 in Bend, Oregon, on November 2, 2010 in Medford, Oregon and on November 3,

2010 in Portland, Oregon.

Thank you for your assistance with these revisions to Oregon's SIP. The staff contact for this submittal

is Jerry Ebersole at (503) 229-6974, and Nicole Vick, SIP Coordinator at (503) 229-5946.

Sincerely,

Enclosures

cc wl attachments: Donna Deneen, EPA, Region 10 (3 complete sets plus 2 additional copies of

revised rules, Attachment 3)

cc w/o attachments: Andrew Ginsburg, DEQ AQ Administrator

Paul Koprowski, EPA Oregon Operations office

Nicole Vick, DEQ AQ SIP Coordinator
R
ATTACHMENTS

Attachment 1: Evidence the state has adopted the revision

1.1 Staff Report, Agenda Item I of the February 16-18, 2011 EQC meeting

Also see Certificate and Order for Filing Permanent Administrative Rules

in Attachment 4,2

Attachment 2: Evidence that the state has the necessary legal authority

See Attachment 1.1 "Commission Authority" (page #4 of Staff Report, Agenda

Item I of the February 16-18, 2011 EQC meeting)

Attachment 3: Provisions submitted for approval

3.1 Adopted and amended rules submitted to Secretary of State

3.1a General Air Pollution Procedures and Definitions OAR 340-200-:

0040

3.1b Air Contaminant Discharge Permits OAR 340-216-: 0020, 0060,

0064*

3.1c Incinerator Regulations OAR 340-230-: 0030*, 0300*

3.1d New Source Performance Standards OAR 340-238-: 0040*, 0060*

3.1e Rules Applicable to the Portland Area OAR 340-242-: 0500

3.1f Oregon Federal Hazardous Air Pollutant Program OAR 340-244-:

0030*, 0220*, 0234, 0236, 0238, 0242, 0244, 0248

3.2 Redline/strikeout version of adopted and amended rules submitted to

Secretary of State

OAR 340-230-0400 was deleted in redline/strikeout version

Attachment 4: Evidence that the state followed the Administrative Procedures Act

4.1 Public notice in the Secretary of State's Oregon Bulletin, October 1, 2010

4.2 Certificate and Order for Filing Permanent Administrative Rules, filed and

effective February 24, 2011

Attachment 5: Evidence of adequate public notice

5.1 Affidavit of Publication: The Oregonian, Notice of September 30, 2010

publication

5.2 Affidavit of Publication: Daily Journal of Commerce, Notice of September

30, 2010 publication

Attachment 6: Certification of public hearing

See paragraph #3 of cover letter and Attachment 7.1

Attachment 7: Compilation of public comments and department's response

7.1 Presiding Officer's Report for Rulemaking Hearing on November 1, 2, and

3, 2010, dated November 3 and 8, 2010

7.2 Summary of public comment and agency response dated November 9,

2010

*Denotes rules that are not included in the State of Oregon Clean Air Act Implementation Plan but are

being submitted to show a complete account of the rulemaking package.
511' Su mitfal Checklist

Incl Attic h

went = Title

X 1 Evidence the state has adopted the revision

X 1,1

Staff Report, Agenda Item I of the February 16-18, 2011 EQC meeting. _

Also see Certificate and Order for Filing Permanent Administrative. Rules in Attachment

4.2

X 2 Evidence that the state has the necessary legal authority

X See Attachment 1.1 "Commission Authority" (page #4 of Staff Report, Agenda Item I,

February 16-18, 2011 EQC meeting)

X 3 Provisions submitted for approval

X 3.1 Adopted and amended rules submitted to Secretary of State

X 3.1a General Air Pollution Procedures and Definitions 340-200-: 0040

X 3.1b Air Contaminant Discharge Permits OAR 340-216-: 0020, 0060, 0064*

X 3.l c Incinerator Regulations OAR 340-230-: 0030*, 0300*

X 3.1d New Source Performance Standards OAR 340-238-: 0040*, 0060*

X 3.l e Rules Applicable to the Portland Area OAR 340-242-: 0500

X 3.1f Oregon Federal Hazardous Air Pollutant Program OAR 340-244-: 0030*, 0220*, 0234,

0236, 0238, 0242, 0244, 0248

X 3.2 Redline/strikeout version of adopted and amended rules submitted to Secretary of State

X 4 Evidence that the state followed the Administrative Procedures Act

X 4.1 Public notice in the Secretary of State's Oregon Bulletin, October 1, 2010

X 4.2

Certificate and Order for Filing Permanent Administrative Rules, filed and effective

February 24, 2011

X 5 Evidence of adequate public notice

X 5.1 Affidavit of Publication: The Oregonian, Notice of September 30, 2010 publication

X 5.2

Affidavit of Publication: Daily Journal of Commerce, Notice of September 30, 2010

publication

X 6 Certification of public hearing

X See paragraph three of cover letter and Attachment 7.1

X 7 Compilation of public comments and department's response

X 7 1 Presiding Officer's Report for Rulemaking Hearing on November 1, 2, and 3, 2010,

dated November 3 and 8, 2010

X 7.2 Summary of public comment and agency response on November 9, 2010

*Denotes rules that are not included in the State of Oregon Clean Air Act Implementation Plan but are being

submitted to show a complete account of the rulemaking package.
Attachment 1

Evidence the state has adopted the revision

1.1 Staff Report, Agenda Item I of the February 16-18, 2011 EQC Meeting

Also see. Certificate and Order for Filing Permanent Administrative Rules in Attachment

4.2

Attachment 1.1, page 1

State of Oregon

Department of Environmental Quality Memorandum

Date: Jan. 28, 2011

To: Environmental Quality C.

From: Dick Pedersen, Director

Subject: Agenda item 1, rule adoption: Adoption of federal air quality regulations and related

penult rules

February 16-18, 2011, EQC meeting

Why this is These rules are important to protect human health, ensure that Oregon implements

hportant federal programs that regulate hazardous air pollutants and new sources and improve

Oregon's implementation of these programs.

DEQ recommends that the Environmental Quality Commission adopt proposed

rule amendments to OAR chapter 340, divisions 200, 216, 230, 238, 242, and 244

as presented in attachment A.

DEQ also recommends that the commission amend the Clean Air Act

implementation plan (OAR 340-200-0040) to include the amendments made

to OAR 340-216-0020 and 0060, OAR 340-242-0500, and OAR 340-0244-0234,

0236, 0238, 0242, 0244, and 0248, and that the commission authorize DEQ to

submit these amendments to the U.S. Environmental Protection Agency for

approval as revisions to Oregon's Clean Air Act implementation plan,

To meet the requirements of the Clean Air Act, EPA identified 33 hazardous air

pollutants, that when emitted by small and mid-sized commercial, institutional and

industrial facilities (also known as "non-major" or "area" sources), pose the

greatest threat to public health in urban areas.

The Clean Air Act requires EPA to regulate enough area sources to ensure that 90

percent of the emissions of the 33 hazardous air pollutants are subject to the

National Emission Standards for Hazardous Air Pollutants.

The Clean Air Act also requires EPA to establish new source performance

standards for categories of sources that cause or contribute significantly to air

pollution that endangers public health.

'EPA has recently adopted or amended numerous NESHAP and NSPS rules. To

ensure Oregon's roles are up to date and to maintain program'delegation, DEQ

periodically proposes amendments to align Oregon's rules with federal

regulations. Doing so improves air quality by enabling DEQ to ensure required

emission reductions are made in Oregon. Industry also benefits from state level

compliance assistance and oversight.

Item 1000001

DEQ

recommendation

and EQC motion

Background and

need for

rulemaldng
Attachment 1.1, page 2

i

Rule adoption: Federal air quality regulations and related permit rules

February 16-18, 2011, EQC meeting

Page 2of5

Effect of rule The proposed rulamalcing adopts by reference new area source NESHAPs,

changes Oregon's rules to match revisions made by EPA to previously adopted

NESHAP and NSPSs, changes the air quality permitting rules to include new

permit categories and allow deferrals, exempts certain small metal fabricators,

ethylene oxide sterilizers and gasoline dispensing facilities from permitting, and

repeals Oregon's adoption of federal standards for stationary internal combustion

engines. Each of these proposed changes are described in more detail below.

Adopts new area source NESHAPs

The proposed rules would adopt by reference federal standards for five new area

source categories listed below.

• Asphalt processing and asphalt roofing manufacturing;

• Chemical manufacturing;

• Chemical preparation;

• Paint and allied product manufacturing; and

• Prepared feeds manufacturing

While Oregon sources must comply with the federal standards whether or not the

commission adopts the federal rules, adoption allows DEQ to implement the

program in Oregon.

Aligns state and federal rules

The proposed rules adopt amended federal standards to align Oregon's rules with

EPA's regulations. Often, EPA makes changes to clarify requirements and fix

errors. EPA has amended some standards since July 1; 2009, which affect

aluminum, copper and other nonferrous foundries and petroleum refineries. The

proposed rules would adopt changes made to the federal standards through July 1,

2010.

The proposed rules repeal rules that implement the federal emission guidelines for

hospital, medical and infectious waste incinerators, because there are no Oregon

facilities subject to these rules.

Air contaminant discharge permits

The proposed rules add the new area source NESHAPs to a list of source

categories eligible to obtain a simple or general air contaminant discharge permit.

The proposed rules add paint and allied product manufacturing to a general ACDP

fee class, Without these changes, these sources would be subject to a standard

ACDP, which is a more complex and expensive permit.

The proposed rules allow DEQ to defer the requirement to submit an application

for, or to obtain an ACDP, for up to 12 months for newly adopted NESHAPs and

new source performance standards. This provision, adopted by a temporary rule in

August, is necessary to stagger permitting and efficiently schedule work.

Item f 000002
Attachment 1.1, page 4

Rule adoption: Federal air quality regulations and related permit rules

February 16-18, 2011, EQC meeting

Page 4 of 5

Commission The commission has authority to take this action under ORS 468.020, 468A.025,

authority 468A.035, 468A.040 and 468A.310.

Stakeholder DEQ did not convene an advisory committee for this rulemaking because the

rulemaking primarily adopts federal regulations by reference.

Public comment DEQ held a public comment period from Sept. 28,'2010 to Nov. 5, 2010, and

convened public hearings in Bend, Medford and Portland. DEQ notified the public

of these hearings through local media and alerted key stakeholders. In addition,

DEQ sent emails or postcards directly to 271 sources potentially affected by the

rules. No individuals testified at the Bend, Medford and Portland hearings. One

individual submitted comments.

Key issues Repeal of federal stationary internal combustion engine rules

This rulemaking proposes to repeal the adoption by reference of existing federal

standards regulating new stationary internal combustion engines. The burden of

complying with these federal standards is on the engine manufacturer. EPA is in a

better position than DEQ to regulate engine manufacturers. The engine owner

must typically purchase a certified engine. However, if the engine owner

purchases an uncertified engine or modifies a certified engine, there are

requirements that apply to the engine owner. DEQ is in the process of determining

how to best implement these requirements and may propose re-adoption in a

future rulemaking, but likely only those requirements that apply to the engine

owner.

Permit exemptions for small facilities

This rulemaking proposes to reduce the burden on smaller ethylene oxide

sterilizers, gasoline dispensing facilities and metal fabricators by exempting them

from permitting. Exempting these facilities froin permitting should not impact

emissions because they will still be required to comply with any applicable

standards. However, DEQ has determined that these facilities do not require the

level of oversight that permitted facilities do.1:or instance, small commercial

ethylene oxide sterilization facilities are subject to an area source NESHAP, but

their only requirement is to maintain ethylene oxide usage records. These

recordkeeping requirements do not justify permitting these facilities.

Next steps DEQ will continue to provide outreach and compliance assistance to sources

affected by the new area source standards and will submit delegation requests to

EPA in April 2011. DEQ will also submit the gasoline dispensing and permitting

rules to EPA as a revision to Oregon's state implementation plan, which is a

requirement of the Clean Air Act. DEQ will update Title V and air contaminant

discharge permits in accordance with the new federal standards and develop and

issue new general permits authorized by this rulemaking.

Item 1 000004

involvement
Attachment 1.1, page 3

Rule adoption: Federal air quality regulations and related permit rules

' February 16-1 a, 2011, EQC meeting

Page 3 of 5

The proposed rules allow DEQ to use a portion of the non-technical permit

modification fee from gasoline dispensing facilities to cover the change of

ownership fee required in the underground storage tank rules. The propose of this

provision is to avoid charging multiple fees for a simple modification such as a

name change. '

The proposed rules exempt small commercial ethylene oxide sterilization

operations from permitting since the requirements for these facilities are limited to

recordkeeping.

Metal fabrication and finishing

The proposed rules split the metal fabrication and finishing source category into

multiple general ACDP fee classes to enable a lower fee for sources with fewer

requirements. The proposed rules would also exempt small metal fabrication and

finishing operations from permitting.

Gasoline dispensing facilities

The proposed rules expand an existing permit exemption for facilities with

aboveground storage tanks to include facilities with underground tanks. This

exemption would only apply to facilities dispensing less than 10,000 gallons of

gasoline per month. The proposed rules also clarify that the gasoline dispensing

rules apply to the equipment used for the refueling of motor vehicles, as opposed

to only applying to the dispensing of gasoline into stationary storage tanks.

Prior to merging the Oregon and federal stage 1 vapor control requirements in

2009, the Oregon requirements applied to more fuels than the federal

requirements, including aviation gasoline. In merging the Oregon and federal

requirements, DEQ inadvertently omitted the existing definition of gasoline,.

thereby excluding these additional fuels from the rules and relaxing Oregon's state

implementation plan. This rulemalcing proposes to add these fuels back into the

rules and restore the stringency of the state implementation plan by moving the

definition of gasoline in Division 232 to Division 244.

The proposed rules also clarify requirements for gasoline cargo tanks, calculation

of monthly throughput and timing of compliance demonstration testing.

Stationary internal combustion engines

The proposed rules repeal adoption of existing federal standards regulating new

stationary internal combustion engines. At this time, EPA is more able to

effectively implement the standards,' due to their complexity and since many of the

requirements apply to manufacturers located outside of Oregon.

Item 1000003
Attachment 1.1, page 5

Rule adoption: Federal air quality regulations and related permit rules

February 16-16, 2011, EQC meeting •

P8905 of 5

Attachments A. Proposed rule revisions

B. Summary of public comments and agency responses

C. Presiding Officer's report on public hearings

D. Relationship to Federal Requirements questions

E. Statement of Need and Fiscal and Economic Impact

I , Laud Use Evaluation statement

G. Written comments received

Available upon I. Legal Notice of Hearing

request 2. Cover memorandum from public notice

3. Rule Implementation Plan

Approved:

Division:

Section:

Report prepared by: Jerry Eh note

Phone: 503-229-6974

Attachment 2

Evidence that the state has the necessary legal authority

See Attachment 1.1 "Commission Authority" (page #4 of Staff Report, Agenda Item I of

the February 16-18, 2011 EQC meeting)

Attachment 3

Provisions submitted for approval

3.1 Adopted and amended rules submitted to Secretary of State

3.1a General Air Pollution Procedures and Definitions OAR 340-200-: 0040

3.1b Air Contaminant Discharge Permits OAR 340-216-: 0020, 0060, 0064*

lie Incinerator Regulations OAR 340-230-: 0030*, 0300*

lid New Source Performance Standards OAR 340-238-: 0040*, 0060*

3.1e Rules Applicable to the Portland Area OAR 340-242-: 0500

3.1f Oregon Federal Hazardous Air Pollutant Program OAR 340-244-: 0030*,

0220*, 0234, 0236, 0238, 0242, 0244, 0248

3.2 Redlin.elstrikeout version of adopted and amended rules submitted to Secretary

of State

OAR 340-230-0400 was deleted in redline/strikeout version

*Denotes rules that are not included in the State of Oregon Clean Air Act Implementation Plan but are

being submitted to show a complete account of the rulemaking package.

Attachment 3.1a, page 1

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 200

GENERAL AIR POLLUTION

PROCEDURES AND DEFINITIONS

340-200-0040

State of Oregon Clean Air Act Implementation Plan

(1) This implementation plan, consisting of Volumes 2 and 3 of the State of Oregon Air Quality Control

Program, contains control strategies, rules and standards prepared by the Department of Environmental Quality

and is adopted as the state implementation plan (SIP) of the State of Oregon pursuant to the federal Clean Air

Act, 42 U.S.C.A 7401 to 7671q.

(2) Except as provided in section (3), revisions to the SIP will be made pursuant to the Commission's

rulemaking procedures in division 11 of this chapter and any other requirements contained in the SIP and will

be submitted to the United States Environmental Protection Agency for approval. The State Implementation

Plan was last modified by the Commission on February 17, 2011.

(3) Notwithstanding any other requirement contained in the SIP, the Department may;

(a) Submit to the Environmental Protection Agency any permit condition implementing a rule that is part of the

federally-approved SIP as a source-specific SIP revision after the Department has complied with the public

hearings provisions of 40 CFR 51.102 (July 1, 2002); and

(b) Approve the standards submitted by a regional authority if the regional authority adopts verbatim any

standard that the Commission has adopted, and submit the standards to EPA for approval as a SIP revision.

NOTE: Revisions to the State of Oregon Clean Air Act Implementation Plan become federally enforceable

upon approval by the United States Environmental Protection Agency. If any provision of the federally

approved Implementation Plan conflicts with any provision adopted by the Commission, the Department shall

enforce the more stringent provision.

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A.035

Hist.: DEQ 35, f. 2-3-72, ef. 2-15-72; DEQ 54, f. 6-21-73, of 7-1-73; DEQ 19-1979, f. & ef. 6-25-79; DEQ 21-

1979, f. & of 7-2-79; DEQ 22-1980, f. & ef. 9-26-80; DEQ 11-1981, f & of 3-26-81; DEQ 14-1982, f. & ef. 7-

21-82; DEQ 21-1982, f. & ef. 10-27-82; DEQ 1-1983, f. & of 1-21-83; DEQ 6-1983, f. & ef. 4-18-83; DEQ 18-

1984, f. & ef. 10-16-84; DEQ 25-1984, f. & ef. 11-27-84; DEQ 3-1985, f. & ef. 2-1-85; DEQ 12-1985, f. & ef.

9-30-85; DEQ 5-1986, f. & ef. 2-21-86; DEQ 10-1986, f. & ef. 5-9-86; DEQ 20-1986, f. & ef. 11-7-86; DEQ

21-1986, f. & ef. 11-7-86; DEQ 4-1987, f. & ef. 3-2-87; DEQ 5-1987, f. & of 3-2-87; DEQ 8-1987, f & ef. 4-

23-87; DEQ 21-1987, f. & ef. 12-16-87; DEQ 31-1988, f. 12-20-88, cert. of 12-23-88; DEQ 2-1991, f. & cert.

ef. 2-14-91; DEQ 19-1991, f. & cert. ef. 11-13-91; DEQ 20-1991, f. & cert. ef. 11-13-91; DEQ 21-1991, f. &

cert. of 11-13-91; DEQ 22-1991, f. & cert. ef. 11 .13-91; DEQ 23 . 1991, f & cert. ef. 11-13-91; DEQ 24-1991,

f & cert. ef. 11-13-91; DEQ 25-1991, f. & cert. ef. 11-13-91; DEQ 1-1992, f. & cert. ef. 2-4-92; DEQ 3-1992, f.

& cert. ef. 2-4-92; DEQ 7-1992, f & cert. ef. 3-30-92; DEQ 19-1992, f. & cert. ef. 8-11-92; DEQ 20-1992, f. &

cert. ef. 8-11-92; DEQ 25-1992, f. 10-30-92, cert. of 11-1-92; DEQ 26-1992, f & cert. of 11-2-92; DEQ 27-

1992, f. & cert. ef. 11-12-92; DEQ 4-1993, F. & cert. ef 3-10-93; DEQ 8-1993, f. & cert. ef. 5-11-93; DEQ 12.

-1993, f. & cert. ef. 9-24-93; DEQ 15-1993, f. & cert. ef. 11-4-93; DEQ 16-1993, f & cert. ef. 11-4-93; DEQ 17-

1993, f & cert. ef. 11-4-93; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 1-1994, f. & cert. of 1-3-94; DEQ 5-

1994, f. & cert. ef. 3-21-94; DEQ 14-1994, f. & cert..ef 5-31-94; DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94; DEQ

25-1994, f. & cert. ef. 11-2-94; DEQ 9-1995, f. & cert. ef. 5-1-95; DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 14-

1995, f & cert. ef. 5-25-95; DEQ 17-1995, f. & cert. ef. 7-12-95; DEQ 19-1995, f. & cert. ef. 9-1-95; DEQ 20-
Attachment 3.1a, page 2

1995 (Temp), f. & cert. ef. 9-14-95; DEQ 8-1996(Temp), f. & cert. ef. 6-3-96; DEQ 15-1996, f. & cert. ef. 8-14-

96; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 23-1996, f. & cert. ef. 11-

4-96; DEQ 24-1996, f. & cert. ef. 11-26-96; DEQ 10-1998, f. & cert. ef. 6-22-98; DEQ 15-1998, f. & cert. ef. 9-

23-98; DEQ 16-1998, f. & cert. of 9-23-98; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 20-1998, f. & cert. ef.

10-12-98; DEQ 21-1998, f. & cert. ef. 10-12-98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 5-1999, f. & cert. ef.

3-25-99; DEQ 6-1999, f. & cert. ef. 5-21-99; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. ef.

10-14-99, Renumbered from 340-020-0047; DEQ 15-1999, f. & cert. ef. 10-22-99; DEQ 2-2000, f. 2-17-00,

cert. ef. 6-1-01; DEQ 6-2000, f. & cert. ef. 5-22-00; DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 13-2000, f. & cert.

ef. 7-28-00; DEQ 16-2000, f. & cert. ef. 10-25-00; DEQ 17-2000, f. & cert. ef. 10-25-00; DEQ 20-2000 f. &

cert. ef. 12-15-00; DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 2-2001, f. & cert. ef. 2-5-01; DEQ 4-2001, f. &

cert. ef. 3-27-01; DEQ 6-2001, f. 6-18-01, cert. e£ 7-1-01; DEQ.15-2001, f. & cert. ef. 12-26-01; DEQ 16-2001,

f. & cert. ef. 12-26-01; DEQ 17-2001, f. & cert. ef. 12-28-01; DEQ 4-2002, f. & cert. ef. 3-14-02; DEQ 5-2002,

f. & cert. ef. 5-3-02; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ 5-2003, f & cert. ef. 2-6-03; DEQ 14-2003, f.

& cert. ef. 10-24-03; DEQ 19-2003, f. & cert. ef. 12-12-03; DEQ 1-2004, f. & cert. ef. 4-14-04; DEQ 10-2004,

f. & cert. ef. 12-15-04; DEQ 1-2005, f. & cert. ef, 1-4-05; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 4-2005, f.

5-13-05, cert. of 6-1-05; DEQ 7-2005, f. & cert. ef. 7-12-05; DEQ 9-2005, f. & cert. cf. 9-9-05; DEQ 2-2006, f.

& cert. ef. 3-14-06; DEQ 4-2006, f 3-29-06, cert. e£ 3-31-06; DEQ 3-2007, f. & cert. ef. 4-12-07; DEQ 4-2007,

f. & cert. cf. 6-28-07; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 5-2008, f. & cert. ef. 3-20-08; DEQ 11-2008, f

& cert. ef. 8-29-08; DEQ 12-2008, f. & cert. ef. 9-17-08; DEQ 14-2008, f. & cert. ef. 1140-08; DEQ 15-2008,

f. & cert. ef 12-31-08; DEQ 3-2009, f. & cert. ef. 6-30-09; DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 2-2010, f.

& cert. ef. 3-5-10; DEQ 5-2010, f. & cert. ef. 5-21-10; DEQ 14-2010, f. & cert. ef. 12-10-10
Attachment 3.1 b, page 1

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 216

AIR CONTAMINANT DISCHARGE PERMITS

340-216-0020

Applicability

This division applies to all sources referred to in Table 1. This division also applies to Oregon

Title V Operating Permit program sources when an ACDP is required by OAR 340-218-0020 or

340-224-0010. Sources referred to in Table 1 are subject to fees as set forth in Table 2.

(1) No person may construct, install, establish, develop or operate any air contaminant source

which is referred to in Table 1 without first obtaining an Air Contaminant Discharge Permit

(ACDP) from the Department or Regional Authority, unless otherwise deferred from the

requirement to obtain an ACDP in subsection (1)(c) or (d) of this rule. No person may continue

to operate an air contaminant source if the ACDP expires, or is terminated or revoked; except as

provided in OAR 340-216-0082.

(a) For portable sources, a single permit may be issued for operating at any area of the state if the

permit includes the requirements from both the Department and Regional Authorities.

(b) The Department or Regional Authority where the portable source's Corporate offices are

located will be responsible for issuing the permit. If the corporate office of a portable source is

located outside of the state, the Department will be responsible for issuing the permit.

(c) An air contaminant source required to obtain an ACDP or ACDP Attachment pursuant to a

NESHAP or NSPS adopted by the Commission by rule is not required to submit an application

for an ACDP or ACDP Attachment until four months after the effective date of the

Commission's adoption of the NESHAP or NSPS, and is not required to obtain an ACDP or

ACDP Attachment until six months after the Commission's adoption of the NESHAP or NSPS.

In addition, the Department may defer the requirement to submit an application for, or to obtain

an ACDP or ACDP Attachment, or both, for up to an additional twelve months.

(d) Gasoline dispensing facilities are not required to submit an application for an ACDP or

ACDP Attachment until May 1, 2010 or obtain an ACDP or ACDP attachment until June 1,

2010. The Department may defer the requirement to submit an application for, or to obtain an

ACDP or ACDP Attachment, or both, for up to an additional six months.

(e) Deferrals of Oregon permitting requirements do not relieve an air contaminant source from

the responsibility of complying with federal NEST-IAP or NSPS requirements.

(2) No person may construct, install, establish, or develop any source that will be subject to the

Oregon Title V Operating Permit program without first obtaining an ACDP from the Department

or Regional Authority.

(3) No person may modify any source that has been issued an ACDP without first complying

with the requirements of OAR 340-210-0205 through 340-210-0250.

(4) No person may modify any source required to have an ACDP such that the source becomes

subject to the Oregon Title V Operating Permit program without complying with the

requirements of OAR 340-210-0205 through 340-210-0250.

(5) No person may increase emissions above the PSEL by more than the de minimis levels

specified in OAR 340-200-0020 without first applying for and obtaining a modified ACDP.
Attachment 3.lb, page 2

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as

adopted by the EQC under OAR 340-211-0040.

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A

I-list.: DEQ 47, f. 8-31-72, ef. 9-15-72; DEQ 63, f. 12-20-73., ef. 1-11-74; DEQ 107, f. & ef. 1-6-

76; Renumbered from 340-020-0033; DEQ 125, f. & ef. 12-16-76; DEQ 20-1979, f. & ef. 6-29-

79; DEQ 23-1980, f. & ef. 9-26-80; DEQ 13-1981, f. 5-6-81, ef. 7-1-81; DEQ 11-1983, f. & ef.

5-31-83; DEQ 3-1986, f. & ef. 2-12-86; DEQ 12-1987, f. & ef.. 6-15-87; DEQ 27-1991, f. & cert.

ef. 11-29-91; DEQ 4-1993, f. & cert. of 3-10-93; DEQ 12-1993, f. & cert. of 9-24-93,

Renumbered from 340-020-0155; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 22-1994, f. & cert.

ef. 10-4-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 19-1996, f. & cert. of 9-24-96; DEQ 22-

1996, f. & cert. ef. 10-22-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-

1720; DEQ 6-2001, f 6-18-01, cert. ef. 7-1-01; DEQ 4-2002, f. & cert. of 3-14-02; DEQ 7-2007,

f. & cert. ef. 10-18-07; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 15-2008, f. & cert. of 12-31-08;

DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 9-2009(Temp), f. 12-24-09, cert. ef. 1-1-10 thru 6-30-

10; Administrative correction 7-27-10; DEQ 10-2010(Temp), f. 8-31-10, cert. ef. 9-1-10 thru 2-

28-11; DEQ 12-2010, f. & cert. ef. 10-27-10

DIVISION 216

OAR 340-216-0020

AIR CONTAMINANT DISCHARGE PERMITS

Table 1

Part A: Activities and Sources

The following commercial and industrial sources must obtain a Basic ACDP under the

procedures set forth in 340-216-0056 unless the source is required to obtain a different

form of ACDP by Part B or C hereof: (Production and emission parameters are based on the

latest consecutive 12 month period, or future projected operation, whichever is higher.

Emission cutoffs are based on actual emissions.)

1. ** Autobody Repair or Painting Shops painting more than 25 automobiles in a year.

2. Concrete Manufacturing including Redimix and CTB more than 5,000 but less than

25,000 cubic yards per year output.

3. Crematory and Pathological Waste incinerators with less than 20 tons/yr. material

input.

4. Natural gas and propane fired boilers (with or without #2 diesel oil back-up ) of

10 or more MMBTU but less than 30 MMBTU/hr heat input constructed after June 9,

1989.

5. Prepared feeds for animals and fowl and associated grain elevators more than 1,000

tons/yr. but less than 10,000 tons per year throughput.

6. Rock, Concrete or Asphalt Crushing both portable and stationary more than 5,000

tons/yr. but less than 25,000 tons/yr. crushed.

7. Surface coating operations whose actual or expected usage of coating materials is

greater than 250 gallons per month, excluding sources that exclusively use non-VOC

and non-HAP containing coatings (e.g. powder coating operations).

Part B Activities and Sources
Attachment 3.1 b, page 3

The following commercial and industrial sources must obtain either:

• a General ACDP, if one is available for the source classification and the source

qualifies for a General ACDP under the procedures set forth in 340-216-0060;

• a Simple ACDP under the procedures set forth in 340-216-0064; or

• a Standard ACDP under the procedures set forth in 340-216-0066 if the source fits

one of the criteria of Part C hereof.

1. Aerospace or Aerospace Parts Manufacturing

2. Aluminum, Copper, and Other Nonferrous Foundries subject to an Area Source

NESHAP

3. Aluminum Production - Primary

4. Ammonia Manufacturing

5. Animal Rendering and Animal Reduction Facilities

6. Asphalt Blowing Plants

7. Asphalt Felts or Coating

8. Asphaltic Concrete Paving Plants both stationary and portable

9. Bakeries, Commercial over 10 tons of VOC emissions per year

10. Battery Separator Manufacturing

11. Battery Manufacturing and Re-manufacturing

12. Beet Sugar Manufacturing

13. Boilers and other Fuel Burning Equipment over 10 MMBTU/hr. heat input, except

exclusively Natural Gas and Propane fired units (with or without #2 diesel backup)

under 30 MMBTU/hr. heat input

14. Building paper and Buildingboard Mills

15. Calcium Carbide Manufacturing

16. ** * Can or Drum Coating

17. Cement Manufacturing

18. * Cereal Preparations and Associated Grain Elevators 10,000 or more tons/yr.

throughput

19. Charcoal Manufacturing

20. Chlorine and Alkalies Manufacturing

21. Chrome Plating

22. Clay Ceramics Manufacturing subject to an Area Source NESHAP

23. Coffee Roasting (roasting 30 or more tons per year)

24. Concrete Manufacturing including Redimix and CTB 25,000 or more cubic yards per

year output

25. Crematory and Pathological Waste Incinerators 20 or more tons/yr. material input

26. Degreasers (halogenated solvents subject to a NESHAP)

27. Electrical Power Generation from combustion, excluding units used exclusively as

emergency generators and units less than 500 kW

28. Commercial Ethylene Oxide Sterilization, excluding facilities using less than 1 ton of

ethylene oxide within all consecutive 12-month periods after December 6, 1996

29. Ferroalloy Production Facilities subject to an Area Source NESHAP

30. *** Flatwood Coating regulated by Division 232

31. *** Flexographic or Rotogravure Printing subject to RACT

32. * Flour, Blended and/or Prepared and Associated Grain Elevators 10,000 or more

tons/yr. throughput

33. Galvanizing and Pipe Coating (except galvanizing operations that use less than 100

tons of zinc/yr.)

34. Gasoline Bulk Plants, Bulk Terminals, and Pipeline Facilities

35. Gasoline dispensing facilities, excluding gasoline dispensing facilities with monthly

throughput of less than 10,000 gallons of gasoline per month

36. Glass and Glass Container Manufacturing

37. * Grain Elevators used for intermediate storage 10,000 or more tons/yr. throughput
Attachment 3.Ib, page 4

38. Grain terminal elevators

39. Gray iron and steel foundries, malleable iron foundries, steel investment foundries,

steel foundries 100 or more tons/yr. metal charged (not elsewhere identified)

40. Gypsum Products Manufacturing

41. Hardboard Manufacturing (including fiberboard)

42. Hospital sterilization operations subject to an Area Source NESHAP.

43. Incinerators with two or more ton per day capacity

44. Lime Manufacturing

45. *** Liquid Storage Tanks subject to OAR Division 232

46. Magnetic Tape Manufacturing

47. Manufactured and Mobile Home Manufacturing

48. Marine Vessel Petroleum Loading and Unloading

49. Metal Fabrication and Finishing Operations subject to an Area Source NESHAP,

excluding facilities that meet all the following:

a. Do not perform any of the operations listed in OAR 340-216-0060(2)(b)(Y)(i)

and (iii);

b. Do not perform shielded metal arc welding (SMAW) using metal fabrication

and finishing hazardous air pollutant (MFHAP) containing wire or rod; and

c. Use less than 100 pounds of MFHAP containing welding wire and rod per year

50. Millwork (including kitchen cabinets and structural wood members) 25,000 or more

bd. ft./maximum 8 hr. input

51. Molded Container

52. Motor Coach Manufacturing

53. Motor Vehicle and Mobile Equipment Surface Coating Operations subject to an Area

Source NESHAP, excluding motor vehicle surface coating operations painting less

than 10 vehicles per year or using less than 20 gallons of coating per year and motor

vehicle surface coating operations registered pursuant to OAR 340-210-0100(2)

54. Natural Gas and Oil Production and Processing and associated fuel burning

equipment

55. Nitric Acid Manufacturing

56. Non-Ferrous Metal Foundries 100 or more tons/yr. of metal charged

57. Organic or Inorganic Chemical Manufacturing and Distribution with 1/2 or more tons

per year emissions of any one criteria pollutant (sources in this category with less

than Y2 ton/yr. of each criteria pollutant are not required to have an ACDP)

58. Paint and Allied Products Manufacturing subject to an Area Source NESHAP

59. Paint Stripping and Miscellaneous Surface Coating Operations subject to an Area

Source NESHAP

60. *** Paper or other Substrate Coating

61. Particleboard Manufacturing (including strandboard, flakeboard, and waferboard)

62. Perchloroethylene Dry Cleaning Operations subject to an Area Source NESHAP,

excluding perchloroethylene dry cleaning operations registered pursuant to OAR 340-

210-0100(2)

63. Pesticide Manufacturing 5,000 or more tons/yr. annual production

64. Petroleum Refining and Re-refining of Lubricating Oils and Greases including Asphalt

Production by Distillation and the reprocessing of oils and/or solvents for fuels

65. Plating and Polishing Operations subject to an Area Source NESHAP

66. Plywood Manufacturing and/or Veneer Drying

67. Prepared Feeds Manufacturing for animals and fowl and associated grain elevators

10,000 or more tons per year throughput

68. Primary Smelting and/or Refining of Ferrous and Non-Ferrous Metals

69. Pulp, Paper and Paperboard Mills

70. Rock, Concrete or Asphalt Crushing both portable and stationary 25,000 or more

tons/yr. crushed
Attachment 3.1 b, page 5

71. Sawmills and/or Planing Mills 25,000 or more bd. ft./maximum 8 hr. finished product

72. Secondary Nonferrous Metals Processing subject to an Area Source NESHAP

73. Secondary Smelting and/or Refining of Ferrous and Non-Ferrous Metals

74. * Seed Cleaning and Associated Grain Elevators 5,000 or more tons/yr. throughput

75. Sewage Treatment Facilities employing internal combustion for digester gasses

76. Soil Remediation Facilities stationary or portable

77. Steel Works, Rolling and Finishing Mills

78. *** Surface Coating in Manufacturing subject to RACT

79. Surface Coating Operations with actual emissions of VOCs before add on controls of

10 or more tons/yr.

80. Synthetic Resin Manufacturing

81. Tire Manufacturing

82. Wood Furniture and Fixtures 25,000 or more bd. ft./maximum 8 hr. input

83. Wood Preserving (excluding waterborne)

84. All Other Sources not listed herein that the Department determines an air quality

concern exists or one which would emit significant malodorous emissions

85. All Other Sources not listed herein which would have actual emissions, if the source

were to operate uncontrolled, of 5 or more tons a year of PM10 if located in a PM10

non-attainment or maintenance area, or 10 or more tons of any single criteria

pollutant in any part of the state

Part C: Activities and Sources

The following sources must obtain a Standard ACDP under the procedures set forth in 340-

216-0066:

1. Incinerators for PCBs and / or other hazardous wastes

2. All Sources that the Department determines have emissions that constitute a

nuisance

3. All Sources electing to maintain the source's baseline emission rate, , or netting basis

4. All Sources subject to a RACT, BACT, LAER, NESHAP adopted in OAR 340-244-0220,

NSPS, State MACT, or other significant Air Quality regulation(s), except:

a. Source categories for which a General ACDP has been issued.

b. Sources with less than 10 tons/yr. actual emissions that are subject to RACT,

NSPS or a NESHAP adopted in OAR 340-244-0220 which qualify for a Simple

ACDP.

c. Sources registered pursuant to OAR 340-210-0100(2).

d. Electrical power generation units used exclusively as emergency generators

and units less than 500 kW.

e. Gasoline dispensing facilities, provided the gasoline dispensing facility has

monthly throughput of less than 10,000 gallons of gasoline per month

f. Motor vehicle surface coating operations painting less than 10 vehicles per

year or using less than 20 gallons of coating per year.

g. Commercial ethylene oxide sterilization operations using less than 1 ton of

ethylene oxide within all consecutive 12-month periods after December 6,

1996.

h. Metal fabrication and finishing operations that meet all the following:

A. Do not perform any of the operations listed in OAR 340-216-

0060(2)(b)(Y)(i) and (iii);

B. Do not perform shielded metal arc welding (SMAW) using metal

fabrication and finishing hazardous air pollutant (MFHAP) containing

wire or rod; and

C. Use less than 100 pounds of MFHAP containing welding wire and rod

per year
Attachment 3.1b, page 6

5. All Sources having the Potential to Emit more than 100 tons of any regulated air

contaminant in a year

6. All Sources having the Potential to Emit more than 10 tons of a single hazardous air

pollutant in a year

7. All Sources having the Potential to Emit more than 25 tons of all hazardous air

pollutants combined in a year

Notes:

* Applies only to Special Control Areas

** Portland AQMA only

*** Portland AQMA, Medford-Ashland AQMA or Salem SKATS only

**** "back-up" means less than 10,000 gallons of fuel per year

Table 2

Part 1. Initial Permitting Application Fees:

a. Short Term Activity ACDP

b. Basic ACDP

c. Assignment to General ACDP

d. Simple ACDP

e. Construction ACDP

f. Standard ACDP

g. Standard ACDP (PSD/NSR)

in addition to first annual fee)

$3;000:00

$120.00

$1,200 00*

$6,000.00

$9,60Q,00

$12,000.00

.$42,000.00

*DEQ may waive the assignment fee for an existing source requesting to be assigned to a

General ACDP because the source is subject to a newly adopted area source NESHAP as

long as the existing source requests assignment within 90 days of notification by DEQ.

Part 2. Annual Fees: (Due date 12/1* for 1/1 to 12/31 of the following year)

*The payment due date for dry cleaners or gasoline dispensing facilities may be extended

by the Department until March 1st.

Part 3. Specific Activity Fees:

a Non Technical Permit Modification (1) $360.00

b. Non-PSD/NSR Basic Technical Permit Modification (2) $360.00

a. Short Term Activity ACDP

b. Basic ACDP

(A) Fee Class One

(B) Fee Class Two

(C) Fee Class Three

(D) fee Class Four

-(E) Fee Class Five

(F) Fee Class Six

d. Simple ACDP (A) Low Fee

(B) High Fee

e. Standard ACDP :.

$NA

$360.00

$720.00

$1,296.00

$1,872.00

$360.00

$120.00

$240.00

$1,920.00

$3,840.00

$7,680.00
Attachment 3.lb, page 7

c. Non-PSD/NSR Simple Technical Permit Modification(3)

d. Non-PSD/NSR Moderate Technical Permit Modification (4)

e. Non-PSD/NSR Complex Technical Permit Modification (5)

f. PSD/NSR Modification

g. Modeling Review (outside PSD/NSR)

h. Public Hearing at Source's Request

i. State MACT Determination

j. Compliance Order Monitoring (6)

k. Greenhouse Gas Reporting, as required by OAR 340-215-

Part 4. Late Fees:

a. 8-30 days late 5%

b. 31-60 days late 10%

c. 61 or more days late 20%

1. Non-Technical modifications include, but are not limited to name changes, change of

ownership and similar administrative changes. For gasoline dispensing facilities, a

portion of these fees will be used to cover the fees required for changes of ownership

in OAR 340-150-0052(4).

2. Basic Technical Modifications include, but are not limited to corrections of emission

factors in compliance methods, changing source test dates for extenuating

circumstances, and similar changes.

3. Simple Technical Modifications include, but are not limited to, incorporating a PSEL

compliance method from a review report into an ACDP, modifying a compliance

method to use different emission factors or process parameter, changing source test

dates for extenuating circumstances, changing reporting frequency, incorporating

NSPS and NESHAP requirements that do not require judgment, and similar changes.

4. Moderate Technical Modifications include, but are not limited to incorporating a

relatively simple new compliance method into a permit, adding a relatively simple

compliance method or monitoring for an emission point or control device not

previously addressed in a permit, revising monitoring and reporting requirements

other than dates and frequency, adding a new applicable requirement into a permit

due to a change in process or change in rules and that does not require judgment by

the Department, incorporating NSPS and NESHAP requirements that do not require

judgment, and similar changes.

5. Complex Technical Modifications include, but are not limited to incorporating a

relatively complex new compliance method into a permit, adding a relatively complex

compliance method or monitoring for an emission point or control devise not

previously addressed in a permit, adding a relatively complex new applicable

requirement into a permit due to a change in process or change in rules and that

requires judgment by the Department, and similar changes.

6. This is a one time fee payable when a Compliance Order is established in a Permit or

a Department Order containing a compliance schedule becomes a Final Order of the

Department and is based on the number of months the Department will have to

oversee the Order.

$1,200.00

$6,000.00

$12,000.00

$42,000.00

$6,000.00

$2,400.00

$6,000.00

$120.00/month

15% of the applicable

annual fee in Part 2

340-216-0060
Attachment 3.Ib, page 8

General Air Contaminant Discharge Permits

(1) Applicability.

(a) The Department may issue a General ACDP under the following circumstances:

(A) There are several sources that involve the same or substantially similar types of operations;

(B) All requirements applicable to the covered operations can be contained in a General ACDP;

(C) The emission limitations, monitoring, recordkeeping, reporting and other enforceable

conditions are the same for all operations covered by the General ACDP; and

(D) The pollutants emitted are of the same type for all covered operations.

(b) Permit content. Each General ACDP must include the following:

(A) All relevant requirements for the operations covered by the General ACDP;

(B) Generic PSELs for all pollutants emitted at more than the deminimis level in accordance

with OAR 340, division 222;

(C) Testing, monitoring, recordkeeping, and reporting requirements necessary to ensure

compliance with the PSEL and other applicable emissions limits and standards; and

(D) A permit expiration date not to exceed 10 years from the date of issuance.

(c) Permit issuance procedures: A new General ACDP requires public notice and opportunity for

comment in accordance with OAR 340 division 209 for Category III permit actions. A reissued

General ACDP or a modification to a General ACDP requires public notice and opportunity for

comment in accordance with OAR 340 division 209 for Category II permit actions. All General

ACDPs are on file and available for review at the Department's headquarters.

(2) Source assignment:

(a) Application requirements. Any person requesting that a source be assigned to a General

ACDP must submit a written application in accordance with OAR 340-216-0040 that includes

the information in OAR 340-216-0040(1), specifies the General ACDP source category, and

shows that the source qualifies for the General ACDP.

(b) Fees. Applicants must pay the fees set forth in Table 2 of OAR 340-216-0020. The fee class

for each General ACDP is as follows:

(A) Hard chrome platers -- Fee Class Three;

(B) Decorative chrome platers -- Fee Class Two;

(C) Halogenated solvent degreasers -- batch cold -- Fee Class Two;

(D) Halogenated solvent degreasers -- batch vapor and in-line -- Fee Class Two;

(E) Halogenated solvent degreasers -- batch cold, batch vapor, and in-line -- Fee Class Two;

(F) Perchloroethylene dry cleaners -- Fee Class Six;

(G) Asphalt plants -- Fee Class Three;

(H) Rock crushers -- Fee Class Two;

(I) Ready-mix concrete -- Fee Class One;

(J) Sawmills, planing mills, millwork, plywood manufacturing and veneer drying -- Fee Class

Three;

(K) Boilers -- Fee Class Two;

(L) Crematories -- Fee Class Two;

(M) Grain elevators -- Fee Class One;

(N) Prepared feeds, flour, and cereal -- Fee Class One;

(0) Seed cleaning -- Fee Class One;

(P) Coffee roasters -- Fee Class One;

(Q) Bulk gasoline plants -- Fee Class One;

(R) Electric power generators -- Fee Class Two;
Attachment 3.1 b, page 9

(S) Clay ceramics -- Fee Class One;

(T) Hospital sterilizers -- Fee Class Four;

(U) Secondary nonferrous metals -- Fee Class One;

(V) Gasoline dispensing facilities -- stage I .._ Fee Class Five;

(W) Gasoline dispensing facilities -- stage II -- Fee Class Four;

(X) Wood preserving --- Fee Class Four;

(Y) Metal fabrication and finishing -- with two or more of the following operations - Fee Class

Two;

(i) Dry abrasive blasting performed in a vented enclosure or of objects greater than 8 feet (2.4

meters) in any one dimension that uses materials that contain MFHAP or has the potential to

emit MFHAP;

(ii) Spray-applied painting operation using MFHAP containing paints;

(iii) Welding operation that uses materials that contain MFHAP or has the potential to emit

MFHAP and uses 2,000 pounds or more per year of MFHAP containing welding wire and rod

(calculated on a rolling 12-month basis);

(Z) Metal fabrication and finishing -- with only one of the operations listed in subparagraphs

(2)(b)(Y)(i) through (iii) of this rule-- Fee Class One:

(AA) Metal fabrication and finishing -- with none of the operations listed in subparagraphs

(2)(b)(Y)(i) through (iii) of this rule -- Fee Class Four;

(BB) Plating and polishing -- Fee Class One;

(CC) Surface coating operations -- Fee Class One;

(DD) Paint stripping -- Fee Class One;

(EE) Aluminum, copper, and nonferrous foundries -- Fee Class Two;

(FF) Paints and allied products manufacturing -- Fee Class Two;

(GG) Any General ACDP not listed above -- Fee Class One.

(c) Source assignment procedures:

(A) Assignment of a source to a General ACDP is a Category I permit action and is subject to the

Category I public notice requirements in accordance with OAR 340, division 209.

(B) A person is not a permittee under the General ACDP until the Department assigns the

General ACDP to the person.

(C) Assignments to General ACDPs and attachment(s) terminate when the General ACDP or

attachment expires or is modified, terminated or revoked.

(D) Once a source has been assigned to a General ACDP, if the assigned General ACDP does not

cover all requirements applicable to the source, the other applicable requirements must be

covered by assignment to one or more General ACDP Attachments in accordance with OAR

340-216-0062, otherwise the source must obtain a Simple or Standard ACDP.

(E) A source requesting to be assigned to a General ACDP Attachment, in accordance with OAR

340-216-0062, for a source category in a higher annual fee class than the General ACDP the

source is currently assigned to, must be reassigned to the General ACDP for the source category

in the higher annual fee class.

(3) Department Initiated Modification, If the Department determines that the conditions have

changed such that a General ACDP for a category needs to be modified, the Department may

issue a new General ACDP for that category and assign all existing General ACDP permit

holders to the new General ACDP.

(4) Rescission. In addition to OAR 340-216-0082 (Termination or Revocation of an ACDP), the

Department may rescind an individual source's assignment to a General ACDP if the source no
Attachment 3.lb, page 10

longer meets the requirements of this rule or the conditions of the permit, including, but not

limited to a source having an ongoing, reoccurring or serious compliance problem. Upon

rescinding a source's assignment to a General ACDP the Department will place the source on a

Simple or Standard ACDP. The Department may also revoke a General ACDP or attachment or

both if conditions, standards or rules have changed so the permit or attachment no longer meets

the requirements of this rule.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as

adopted by the EQC under OAR 340-200-0040.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 468 & 468A

Stats. Implemented: ORS 468.020 & 468A.025

Hist.: DEQ 14-1998, f. & cert. ef 9-14-98; DEQ 14-1999, f & cert. of 10-14-99, Renumbered

from 340-028-1725; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 10-2001, f. & cert. ef. 8-30-

01; DEQ 4-2002, f. & cert. ef. 3-14-02; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 8-2007, f. &

cert. ef. 11-8-07; DEQ 15-2008, f & cert. ef 12-31-08; DEQ 8-2009, f. & cert. of 12-16-09

340-216-0064

Simple ACDP

(1) Applicability.

(a) Sources and activities listed in Table 1, Part B of OAR 340-216-0020 that do not qualify for a

General ACDP and are not required to obtain a Standard ACDP must, at a minimum, obtain a

Simple ACDP.

(b) Any source required to obtain a Simple ACDP may obtain a Standard ACDP.

(c) The Department may determine that a source is ineligible for a Simple ACDP and must

obtain a Standard ACDP based upon, but not limited to, the following considerations:

(A) The nature, extent, and toxicity of the source's emissions;

(B) The complexity of the source and the rules applicable to that source;

(C) The complexity of the emission controls and potential threat to human health and the

environment if the emission controls fail;

(D) The location of the source; and

(E) The compliance history of the source.

(2) Application Requirements. Any person requesting a new, modified, or renewed Simple

ACDP must submit an application in accordance with OAR 340-216-0040.

(3) Fees. Applicants for a new or modified Simple ACDP must pay the fees set forth in Table 2

of 340-216-0020. Annual fees for Simple ACDPs will be assessed based on the following:

(a) Low Fee -- A Source may qualify for the Low Fee if:

(A) the source is, or will be, permitted under only one of the following categories from OAR

340-216-0020 Table 1, Part B (category 25. Electric Power Generation, may be included with

any category listed below):

(i) Category 7. Asphalt felt and coatings;

(ii) Category 13. Boilers and other fuel burning equipment;

(iii) Category 33. Galvanizing & Pipe coating;

(iv) Category 39. Gray iron and steel foundries, malleable iron foundries, steel investment

foundries, steel foundries 100 or more tons/yr. metal charged (not elsewhere identified);

(v) Category 40. Gypsum products;

(vi) Category 45. Liquid Storage Tanks subject to OAR Division 232;
Attachment 3.1 b, page 11

(vii) Category 56. Non-Ferrous Metal Foundries 100 or more tons/yr. of metal charged;

(viii) Category 57. Organic or Inorganic Industrial Chemical Manufacturing;

(ix) Category 62. Perchloroethylene Dry Cleaning;

(x) Category 73. Secondary Smelting and/or Refining of Ferrous and Non-Ferrous Metals; or

(xi) Category 85. All Other Sources not listed in Table 1 which would have actual emissions, if

the source were to operate uncontrolled, of 5 or more tons a year of PM 10 if located in a PM10

non-attainment or maintenance area, or 10 or more tons of any single criteria pollutant in any

part of the state; and

(B) The actual emissions from the 12 months immediately preceding the invoice date, and future

projected emissions are less than 5 tons/yr. PM10 in a PM 10 nonattainment or maintenance area,

and less than 10 tons/yr. for each criteria pollutant; and

(C) The source is not considered an air quality problem or nuisance source by the Department.

(b) High Fee -- Any source required to have a Simple ACDP (OAR 340-216-0020 Table 1 Part

B) that does not qualify for the Low Fee will be assessed the High Fee.

(c) If the Department determines that a source was invoiced for the Low Annual Fee but does not

meet the Low Fee criteria outlined above, the source will be required to pay the difference

between the Low and High Fees, plus applicable late fees in accordance with OAR 340-216-

0020 Table 2. Late fees start upon issuance of the initial invoice. In this case, the Department

will issue a new invoice specifying applicable fees.

(4) Permit Content.

(a) All relevant applicable requirements for source operation, including general ACDP

conditions for incorporating generally applicable requirements;

(b) Generic PSELs for all pollutants emitted at more than the deminimis level in accordance with

OAR 340 division 222;

(c) Testing, monitoring, recordkeeping, and reporting requirements sufficient to determine

compliance with the PSEL and other emission limits and standards, as necessary; and

(d) A permit duration not to exceed 5 years

(5) Permit issuance procedures:

(a) Issuance of a new or renewed Simple ACDP requires public notice in accordance with OAR

340 division 209 for Category II permit actions.

(b) Issuance of a modification to a Simple ACDP requires one of the following procedures, as

applicable:

(A) Non-technical and non-NSR/PSD Basic and Simple technical modifications require public

notice in accordance with OAR 340, division 209 for Category I permit actions; or

(B) Issuance of non-NSR/PSD Moderate and Complex technical modifications require public

notice in accordance with OAR 340 division 209 for Category II permit actions.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A

Hist.: DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 4-2002, f & cert. ef. 3-14-02; DEQ 8-2009,

f. & cert. ef. 12-16-09

Attachment 3.1c, page 1

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 230

INCINERATOR REGULATIONS

340-230-0030

Definitions

The definitions in OAR 340-200-0020, 340-238-0040 and this rule apply to this division. If the

same term is defined in this rule and 340-200-0020 or 340-238-0040, the definition in this rule

applies to this division. Applicable definitions have the same meaning as those provided in 40

CFR 60.51c including, but not limited to:

(1) "Acid Gases" means any exhaust gas that includes hydrogen chloride and sulfur dioxide.

(2) "Air curtain incinerator" means an incinerator that operates by forcefully projecting a curtain

of air across an open chamber or pit in which combustion occurs. Incinerators of that type can be

constructed above or below ground and with or without refractory walls and floor.

(3) "CFR" means Code of Federal Regulations and, unless otherwise expressly identified, refers

to the July 1, 2010 edition.

(4) "Commercial and industrial solid waste incineration unit (CISWI) means any combustion

device that combusts commercial and industrial waste, as defined in this subpart. The boundaries

of a CISWI unit are defined as, but not limited to the commercial or industrial solid waste fuel

feed system, grate system, flue gas system, and bottom ash. The CISWI unit does not include air

pollution control equipment or the stack. The CISWI unit boundary starts at the commercial and

industrial solid waste hopper (if applicable) and extends through two areas:

(a) The combustion unit flue gas system, which ends immediately after the last combustion

chamber.

(b) The combustion unit bottom ash system, which ends at the truck loading station or similar

equipment that transfers the ash to final disposal. It includes all ash handling systems connected

to the bottom ash handling system.

(5) "Commercial and industrial waste" means solid waste combusted in an enclosed device using

controlled flame combustion without energy recovery that is a distinct operating unit of any

commercial or industrial facility (including field-erected, modular, and custom built incineration

units operating with starved or excess air), or solid waste combusted in an air curtain incinerator

without energy recovery that is a distinct operating unit of any commercial or industrial facility.

(6) "Continuous Emission Monitoring (CEM)" means a monitoring system for continuously

measuring the emissions of a pollutant from an affected incinerator. Continuous monitoring

equipment and operation must be certified in accordance with EPA performance specifications

and quality assurance procedures outlined in 40 CFR 60, Appendices B and F, and the

Department's CEM Manual.

(7) "Crematory Incinerator" means an incinerator used solely for the cremation of human and

animal bodies.

(8) "Dry Standard Cubic Foot" means the amount of gas that would occupy a volume of one

cubic foot, if the gas were free of uncombined water at standard conditions. When applied to

combustion flue gases from waste or refuse burning, "Standard Cubic Foot (SCF)" implies

adjustment of gas volume to that which would result at a concentration of seven percent oxygen

or 50 percent excess air.
Attachment 3.1c, page 2

(9) "Fluidized bed combustion unit" means a unit where municipal waste is combusted in a

fluidized bed of material. The fluidized bed material may remain in the primary combustion zone

or may be carried out of the primary combustion zone and returned through a recirculation loop.

(10) "Incinerator" means any structure or furnace in which combustion takes place, the primary

purpose of which is the reduction in volume and weight of unwanted material.

(11) "Infectious Waste" means waste as defined in ORS Chapter 763, Oregon Laws 1989, that

contains or may contain any disease producing microorganism or material, and includes, but is

not limited to the following:

(a) "Biological waste", which includes blood and blood products, and body fluids that cannot be

directly discarded into a municipal sewer system, and waste materials saturated with blood or

body fluids, but does not include soiled diapers;

(b) "Cultures and stocks", which includes etiologic agents and associated biologicals; including

specimen cultures and dishes, devices used to transfer, inoculate and mix cultures, wastes from

production of biologicals, and serums and discarded live and attenuated vaccines. "Cultures"

does not include throat and urine cultures;

(c) "Pathological waste", which includes biopsy materials and all human tissues, anatomical parts

that emanate from surgery, obstetrical procedures, autopsy and laboratory procedures and animal

carcasses exposed to pathogens in research and the bedding and other waste from such animals.

"Pathological wastes" does not include teeth or formaldehyde or other preservative agents;

(d) "Sharps", which includes needles, IV tubing with needles attached, scalpel blades, lancets,

glass tubes that could be broken during handling and syringes that have been removed from their

original sterile containers.

(12) "Infectious Waste Facility" or "Infectious Waste Incinerator" means an incinerator that is

operated or utilized for the disposal or treatment of infectious waste, including combustion for

the recovery of heat, and which utilizes high temperature thermal destruction technologies.

(13) "Mass burn refractory municipal waste combustion unit" means a field-erected municipal

waste combustion unit that combusts municipal solid waste in a refractory wall furnace. Unless

otherwise specified, that includes municipal waste combustion units with a cylindrical rotary

refractory wall furnace.

(14) "Mass burn rotary waterwall municipal waste combustion unit" means a field-erected

municipal waste combustion unit that combusts municipal solid waste in a cylindrical rotary

waterwall furnace.

(15) "Mass burn waterwall municipal waste combustion unit" means a field-erected municipal

waste combustion unit that combusts municipal solid waste in a waterwall furnace.

(16) "Modular excess-air municipal waste combustion unit" means a municipal waste

combustion unit that combusts municipal solid waste, is not field-erected, and has multiple

combustion chambers, all of which are designed to operate at conditions with combustion air

amounts in excess of theoretical air requirements.

(17) "Modular starved-air municipal waste combustion unit" means a municipal waste

combustion unit that combusts municipal solid waste, is not field-erected, and has multiple

combustion chambers in which the primary combustion chamber is designed to operate at

substoichiometric conditions.

(18) "Municipal waste combustor plant" means one or more . municipal waste combustor units at

the same location.
Attachment 3.1c, page 3

(19) "Municipal waste combustor plant capacity" means the aggregate municipal waste

combustor unit capacity of all municipal waste combustor units at a municipal waste combustor

plant for which construction was commenced on or before September 20, 1994.

(20) "Primary Combustion Chamber" means the discrete equipment, chamber or space in which

drying of the waste, pyrolysis, and essentially the burning of the fixed carbon in the waste

occurs.

(21) "Pyrolysis" means the endothermic gasification of waste material using external energy.

(22) "Refuse-derived fuel" means a type of municipal solid waste produced by processing

municipal solid waste through shredding and size classification. That includes all classes of

refuse-derived fuel including two fuels:

(a) Low-density fluff refuse-derived fuel through densified refuse-derived fuel.

(b) Pelletized refuse-derived fuel.

(23) "Secondary" or "Final Combustion Chamber" means the discrete equipment, chamber, or

space in which the products of pyrolysis are combusted in the presence of excess air such that

essentially all carbon is burned to carbon dioxide.

(24) "Solid Waste" means refuse, more than 50 percent of which is waste consisting of a mixture

of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustible

materials, and noncombustible materials such as metal, glass, and rock.

(25) "Solid Waste Facility" or "Solid Waste Incinerator" means an incinerator that is operated or

utilized for the disposal or treatment of solid waste including combustion for the recovery of

heat, and that utilizes high temperature thermal destruction technologies.

(26) "Spreader stoker, mixed fuel-fired (coal/refuse-derived fuel) combustion unit" means a

municipal waste combustion unit that combusts coal and refuse-derived fuel simultaneously, in

which coal is introduced to the combustion zone by a mechanism that throws the fuel onto a

grate from above. Combustion takes place both in suspension and on the grate.

(27) "Transmissometer" means a device that measures opacity and conforms to EPA

Specification Number 1 in 40 CFR 60, Appendix B.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183, 468 & 468A

Stats. Implemented: ORS 468A.025

Hist.: DEQ 22-1998, f. & cert. ef. 10-21-98; DEQ 9-1990, f & cert. ef. 3-13-90; DEQ 4-1993, f.

& cert. ef. 3-10-93; DEQ 27-1996, f. & cert. ef. 12-11-96; DEQ 14-1999, f. & cert. ef. 10-14-99,

Renumbered from 340-025-0750, 340-025-0855, 340-025-0950; DEQ 4-2003, f. & cert. ef. 2-

06-03; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 8-2007, f. & cert. ef. 11-8-07

Municipal Waste Combustors

340-230-0300

Applicability

(1) Applicability: OAR 340-230-0310 through 340-230-0359 apply to each municipal waste

combustor unit with a combustion capacity greater than 250 tons per day of municipal solid

waste for which construction was commenced on or before September 20, 1994. MWC subject to

OAR 340-230-0300 through 340-230-0350 are not subject to the incinerator rules in 340-230-

0100 through 340-230-0150.

(2) Exemptions:
Attachment 3.1 c, page 4

(a) Any municipal waste combustion unit that is capable of combusting more than 250 tons per

day of municipal solid waste and is subject to a federally enforceable peu nit limiting the

maximum amount of municipal solid waste that may be combusted in the unit to less than or

equal to 11 tons per day is not subject to this rule if the owner or operator:

(A) Notifies the Department of an exemption claim;

(B) Provides a copy of the federally enforceable permit that limits the firing of municipal solid

waste to less than 11 tons per day; and

(C) Keeps records of the amount of municipal solid waste fired on a daily basis.

(b) Physical or operational changes made to an existing municipal waste combustor unit

primarily for the purpose of complying with emission limits under these rules are not considered

in determining whether the unit is a modified or reconstructed facility under 40 CFR 60,

Subparts Ea or Eb..

(c) A qualifying small power production facility, as defined in section 3(l7)(C) of the Federal

Power Act (16 U.S.C. 796(17)(C)), that bums homogeneous waste (such as automotive tires or

used oil, but not including refuse-derived fuel) for the production of electric energy is not subject

to these rules if the owner or operator of the facility notifies the Department of this exemption

and provides data documenting that the facility qualifies for this exemption.

(d) A qualifying cogeneration facility, as defined in section 3(18)(B) of the Federal Power Act

(16 U.S.C. 796(18)(B)), that burns homogeneous waste (such as automotive tires or used oil, but

not including refuse-derived fuel) for the production of electric energy and steam or forms of

useful energy (such as heat) that are used for industrial, commercial, heating, or cooling

purposes, is not subject to these rules if the owner or operator of the facility notifies the

Department of this exemption and provides data documenting that the facility qualifies for this

exemption,

(e) Any unit combusting a single-item waste stream of tires is not subject to this rule if the owner

or operator of the unit:

(A) Notifies the Department of an exemption claim; and

(B) Provides data documenting that the unit qualifies for this exemption.

(f) Any unit required to have a permit under section 3005 of the Solid Waste Disposal Act is not

subject to these rules.

(g) Any materials recovery facility (including primary or secondary smelters) that combusts

waste for the primary purpose of recovering metals. is not subject to these rules.

(h) Any cofired combustor, as defined in 40 CFR 60.51 b, that meets the capacity specifications

in section (1) of this rule is not subject to these rules if the owner or operator of the cofired

combustor:

(A) Notifies the Department of an exemption claim;

(B) Provides a copy of the federally enforceable permit (specified in the definition of cofired

combustor); and

(C) Keeps a record on a calendar quarter basis of the weight of municipal solid waste combusted

at the cofired combustor and the weight of all other fuels combusted at the cofired combustor.

(i) Pyrolysis/combustion units that are an integrated part of a plastics/rubber recycling unit (as

defined in 40 CFR 60.51b) are not subject to this rule if the owner or operator of the

plastics/rubber recycling unit keeps records of:

(A) The weight of plastics, rubber, and/or rubber tires processed on a calendar quarter basis;

(B) The weight of chemical plant feedstocks and petroleum refinery feedstocks produced and

marketed on a calendar quarter basis; and
Attachment 3.1c, page 5

(C) The name and address of the purchaser of the feedstocks. The combustion of gasoline, diesel

fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquified petroleum gas,

propane, or butane produced by chemical plants or petroleum refineries that use feedstocks

produced by plastics/rubber recycling units are not subject to these rules.

(j) Air curtain incinerators that meet the capacity specifications in subsection (a) of this section,

and that combust a fuel stream composed of 100 percent yard waste are exempt from all

provisions of this subpart except the opacity standard under OAR 340-230-0310, the testing

procedures under 340-2300340, and the reporting and recordkeeping provisions under 340-230-

0350.

(k) Air curtain incinerators that meet the capacity specifications in subsection (a) of this section

and that combust municipal solid waste other than yard waste are subject to all provisions of this

subpart.

(1) Cement kilns firing municipal solid waste are not subject to this subpart.

(m) Any affected facility meeting the applicability requirements under this rule is not subject to

40 CFR part 60 subpart E.

Stat. Auth.: ORS 468.020

Stats.Implemented: ORS 468A.025

Est.: DEQ 27-1996, f. & cert. ef. 12-11-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered

from 340-025-0950; DEQ 4-2003, f. & cert. ef. 2-06-03; DEQ 15-2008, f. & cert. ef 12-31-08

Attachment 3.1d, page 1

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 238

NEW SOURCE PERFORMANCE STANDARDS

340-238-0040

Definitions

The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is

defined in this rule and OAR 340-200-0020, the definition in this rule applies to this division.

(1) "Administrator" means the Administrator of the EPA or authorized representative.

(2) "Affected facility" means, with reference to a stationary source, any apparatus to which a

standard is applicable.

(3) "Capital expenditures" means an expenditure for a physical or operational change to an

existing facility that exceeds the product of the applicable "annual asset guideline repair

allowance percentage" specified in Internal Revenue Service (IRS) Publication 534 and the

existing facility's basis, as defined by section 1012 of the Internal Revenue Code. However, the

total expenditure for a physical or operational change to an existing facility must not be reduced

by any "excluded additions" as defined in IRS Publication 534, as would be done for tax

purposes.

(4) "CFR" means Code of Federal Regulations and, unless otherwise expressly identified, refers

to the July i, 2010 edition.

(5) "Closed municipal solid waste landfill" (closed landfill) means a landfill in which solid waste

is no longer being placed, and in which no additional solid wastes will be placed without first

filing a notification of modification as prescribed under 40 CFR 60.7(a)(4). Once a notification

of modification has been filed, and additional solid waste is placed in the landfill, the landfill is

no longer closed. A landfill is considered closed after meeting the criteria of 40 CFR 258.60.

(6) "Commenced", with respect to the definition of "new source" in section 111(a)(2) of the

federal Clean Air Act, means that an owner or operator has undertaken a continuous program of

construction or modification or that an owner or operator has entered into a contractual

obligation to undertake and complete, within a reasonable time, a continuous program of

construction or modification.(7) "Existing municipal solid waste landfill" (existing landfill)

means a municipal solid waste landfill that began construction, reconstruction or modification

before 5/30/91 and has accepted waste at any time since 11/08/87 or has additional design

capacity available for future waste deposition.

(8) "Existing facility", with reference to a stationary source, means any apparatus of the type for

which a standard is promulgated in 40 CFR Part 60, and the construction or modification of

which commenced before the date of proposal by EPA of that standard; or any apparatus that

could be altered in such a way as to be of that type.

(9) "Fixed capital cost" means the capital needed to provide all the depreciable components.

(10) "Large municipal solid waste landfill" (large landfill) means a municipal solid waste landfill

with a design capacity greater than or equal to 2.5 million megagrams or 2.5 million cubic

meters.

(11) "Modification:"

(a) except as provided in subsection (b) of this section, means any physical change in, or change

in the method of operation of, an existing facility that increases the amount of any air pollutant
Attachment 3.1d, page 2

(to which a standard applies) emitted into the atmosphere by that facility or that results in the

emission of any air pollutant (to which a standard applies) into the atmosphere not previously

emitted;

(b) As used in OAR 340-238-0100 means an action that results in an increase in the design

capacity of a landfill.

(12) "Municipal solid waste landfill" (landfill) means an entire disposal facility in a contiguous

geographical space where household waste is placed in or on land. A municipal solid waste

landfill may also receive other types of RCRA Subtitle D wastes such as commercial solid waste,

nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid

waste. Portions of a municipal solid waste landfill may be separated by access roads and may be

publicly or privately owned. A municipal solid waste landfill may be a new municipal solid

waste landfill, an existing municipal solid waste landfill, or a lateral expansion (modification).

(13) "New municipal solid waste landfill" (new landfill) means a municipal solid waste landfill

that began construction, reconstruction or modification or began accepting waste on or after

5/30/91.

(14) "Reconstruction" means the replacement of components of an existing facility to such an

extent that:

(a) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that

would be required to construct a comparable entirely new facility; and

(b) It is technologically and economically feasible to meet the applicable standards set forth in 40

CFR Part 60.

(15) "Reference method" means any method of sampling and analyzing for an air pollutant as

specified in 40 CFR Part 60.

(16) "Small municipal solid waste landfill" (small landfill) means a municipal solid waste

landfill with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters.

(17) "Standard" means a standard of performance proposed or promulgated under 40 CFR Part

60.

(18) "State Plan" means a plan developed for the control of a designated pollutant provided under

40 CFR Part 60.

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A.025

Hist.: DEQ 97, f. 9-2-75, of 9-25-75; DEQ 22-1982, f. & ef. 10-21-82; DEQ 17-1983, f. & ef.

10-19-83;_DEQ 16-1984, f. & ef. 8-21-84; DEQ 15-1985, f. & ef. 10-21-85; DEQ 19-1986, f. &

ef. 11-7-86; DEQ 17-1987, f. & ef. 8-24-87; DEQ 24-1989, f. & cert. cf. 10-26-89; DEQ 4-1993,

f. & cert. e£ 3-10-93; DEQ 17-1993, f. & cert. ef. 11-4-93; DEQ 22-1995, f. & cert. ef. 10-6-95;

DEQ 27-1996, f. & cert. e£ 12-11-96; DEQ 8-1997, f. & cert. ef. 5-6-97; DEQ 22-1998, f. &

cert. ef. 10-21-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0510; DEQ

22-2000, f & cert. e£ 12-18-00; DEQ 4-2003, f. & cert. ef. 2-06-03; DEQ 2-2005, f. & cert. ef.

2-10-05; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 13-2006, f. & cert. ef. 12-22-06; DEQ 15-

2008, f. & cert. ef 12-31-08; DEQ 8-2009, f & cert. ef. 12-16-09

340-238-0060

Federal Regulations Adopted by Reference

(1) Except as provided in section (2) of this rule, 40 CFR Part 60 Subparts A, D through XX,

BBB through AAAA, CCCC, EEEE, and KKKK are by this reference adopted and
Attachment 3.1d, page 3

incorporated herein, and 40 CFR Part 60 Subpart 000 is by this reference adopted and

incorporated herein for major sources only.

(2) Where "Administrator" or "EPA" appears in 40 CFR Part 60, "Department" is substituted,

except in any section of 40 CFR Part 60 for which a federal rule or delegation specifically

indicates that authority must not be delegated to the state.

(3) 40 CFR Part 60 Subparts adopted by this rule are titled as follows:

(a) Subpart A -- General Provisions;

(b) Subpart D -- Fossil-fuel-fired steam generators for which construction is commenced after

August 17, 1971;

(c) Subpart Da -- Electric utility steam generating units for which construction is commenced

after September 18, 1978;

(d) Subpart Db -- Industrial-commercial-institutional steam generating units;

(e) Subpart Dc -- Small industrial-commercial-institutional steam generating units;

(f) Subpart E -- Incinerators;

(g) Subpart Ea -- Municipal waste combustors for which construction is commenced after

December 20, 1989 and on or before September 20, 1994;

(h) Subpart Eb -- Municipal waste combustors for which construction is commenced after

September 20, 1994;

(i) Subpart Ec -- Hospital/Medical/Infectious waste incinerators that commenced construction

after June 20, 1996, or for which modification is commenced after March 16, 1998;

(j) Subpart F -- Portland cement plants;

(k) Subpart G -- Nitric acid plants;

(1) Subpart H -- Sulfuric acid plants;

(m) Subpart I -- Hot mix asphalt facilities;

(n) Subpart J -- Petroleum refineries;

(o) Subpart K -- Storage vessels for petroleum liquids for which construction, reconstruction, or

modification commenced after June 11, 1973, and before May 19, 1978;

(p) Subpart Ka -- Storage vessels for petroleum liquids for which construction, reconstruction, or

modification commenced after May 18, 1978, and before July 23, 1984;

(q) Subpart Kb -- Volatile organic liquid storage vessels (including petroleum liquid storage

vessels) for which construction, reconstruction, or modification commenced after July 23, 1984;

(r) Subpart L -- Secondary lead smelters;

(s) Subpart M _.. Secondary brass and bronze production plants;

(t) Subpart N -- Primary emissions from basic oxygen process furnaces for which construction is

commenced after June 11, 1973;

(u) Subpart Na -- Secondary emissions from basic oxygen process steelmaking facilities for

which construction is commenced after January 20, 1983;

(v) Subpart 0 -- Sewage treatment plants;

(w) Subpart P -- Primary copper smelters;

(x) Subpart Q -- Primary Zinc smelters;

(y) Subpart R -- Primary lead smelters;

(z) Subpart S -- Primary aluminum reduction plants;

(aa) Subpart T -- Phosphate fertilizer industry: wet-process phosphoric acid plants;

(bb) Subpart U -- Phosphate fertilizer industry: superphosphoric acid plants;

(cc) Subpart V -- Phosphate fertilizer industry: diammonium phosphate plants;

(dd) Subpart W -- Phosphate fertilizer industry: triple superphosphate plants;
Attachment 3.1 d, page 4

(ee) Subpart X -- Phosphate fertilizer industry: granular triple superphosphate storage facilities;

(ff) Subpart Y -- Coal preparation plants;

(gg) Subpart Z -- Ferroalloy production facilities;

(hh) Subpart AA -- Steel plants: electric arc furnaces constructed after October 21, 1974 and on

or before August 17, 1983;

(ii) Subpart AAa -- Steel plants: electric arc furnaces and argon-oxygen decarburization vessels

constructed after august 7, 1983;

(jj) Subpart BB -- Kraft pulp mills;

(kk) Subpart CC -- Glass manufacturing plants;

(11) Subpart DD -- Grain elevators.

(mm) Subpart EE -- Surface coating of metal furniture;

(nn) Subpart GG -- Stationary gas turbines;

(oo) Subpart HH -- Lime manufacturing plants;

(pp) Subpart KK -- Lead-acid battery manufacturing plants;

(qq) Subpart LL -- Metallic mineral processing plants;

(rr) Subpart MM -- Automobile and light-duty truck surface coating operations;

(ss) Subpart NN -- Phosphate rock plants;

(tt) Subpart PP -- Ammonium sulfate manufacture;

(uu) Subpart QQ -- Graphic arts industry: publication rotogravure printing;

(vv) Subpart RR -- pressure sensitive tape and label surface coating operations;

(ww) Subpart SS -- Industrial surface coating: large appliances;

(xx) Subpart TT -- Metal coil surface coating;

(yy) Subpart UU -- Asphalt processing and asphalt roofing manufacture;

(zz) Subpart VV -- Equipment leaks of VOC in the synthetic organic chemicals manufacturing

industry;

(aaa) Subpart VVa -- Equipment leaks of VOC in the synthetic organic chemicals manufacturing

industry;

(bbb) Subpart WW -- Beverage can surface coating industry;

(ccc) Subpart XX -- Bulk gasoline terminals;

(ddd) Subpart BBB -- Rubber tire manufacturing industry;

(eee) Subpart DDD -- Volatile organic compound (VOC) emissions for the polymer manufacture

industry;

(fff) Subpart FFF -- Flexible vinyl and urethane coating and printing;

(ggg) Subpart GGG -- Equipment leaks of VOC in petroleum refineries;

(hhh) Subpart GGGa -- Equipment leaks of VOC in petroleum refineries;

(iii) Subpart HHH -- Synthetic fiber production facilities;

(jjj) Subpart III -- Volatile organic compound (VOC) emissions from the synthetic organic

chemical manufacturing industry (SOCMI) air oxidation unit processes;

(kick) Subpart JJJ -- Petroleum dry cleaners;

(Ill) Subpart KKK -- Equipment leaks of VOC from onshore natural gas processing plants;

(numn) Subpart LLL -- Onshore natural gas processing; S02 emissions;

(nnn) Subpart NNN -- Volatile organic compound (VOC) emissions from synthetic organic

chemical manufacturing industry (SOCMI) distillation operations;

(ooo) Subpart 000 -- Nonmetallic mineral processing plants (adopted by reference for major

sources only);

(ppp) Subpart PPP -- Wool fiberglass insulation manufacturing plants;
Attachment 3.1d, page 5

(qqq) Subpart QQQ - VOC emissions from petroleum refinery wastewater systems;

(m) Subpart RRR -- Volatile organic compound emissions from synthetic organic chemical

manufacturing industry (SOCMI) reactor processes;

(sss) Subpart SSS -- Magnetic tape coating facilities;

(ttt) Subpart TTT -- Industrial surface coating: surface coating of plastic parts for business

machines;

(uuu) Subpart UUU -- Calciners and dryers in mineral industries;

(vvv) Subpart VVV -- Polymeric coating of supporting substrates facilities;

(www) Subpart WWW -- Municipal solid waste landfills, as clarified by OAR 340-238-0100;

(xxx) Subpart AAAA -- Small municipal waste combustion units;

(yyy) Subpart CCCC -- Commercial and industrial solid waste incineration units;

(zzz) Subpart EEEE -- Other solid waste incineration units;

(aaaa) Subpart KKKK -- Stationary combustion turbines.

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A.025

Hist.:.DEQ 97, f. 9-2-75, ef. 9-25-75; DEQ 16-1981, f. & ef. 5-6-81; sections (1) thru (12) of this

rule renumbered to 340-025-0550 thru 340-025-0605; DEQ 22-1982, f. & ef. 10-21-82; DEQ 17-

1983, f & ef. 10-19-83; DEQ 16-1984, f. & ef. 8-21-84; DEQ 15-1985, f. & ef. 10-21-85; DEQ

19-1986, f. & ef. 11-7-86; DEQ 17-1987, f. & ef. 8-24-87; DEQ 24-1989, f. & cert. ef. 10-26-89;

DEQ 17-1993, f. & cert. ef. 11-4-93; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 27-1996, f. &

cert. e£ 12-11-96; DEQ 8-1997, f. & cert. ef. 5-6-97; DEQ 22-1998, f. & cert. ef. 10-21-98; DEQ

14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-025-0535; DEQ 22-2000, f. & cert. ef.

12-18-00; DEQ 4-2003, f. & cert. ef. 2-06-03; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006,

f. & cert. e£ 3-14-06; DEQ 13-2006, F. & cert. ef. 12-22-06; DEQ 15-2008, f. & cert. ef 12-31-08

Attachment 3.1e, page 1

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 242

RULES APPLICABLE TO THE PORTLAND AREA

Gasoline Vapors from Gasoline

Dispensing Operations

340-242-0500

Purpose and Applicability

(1) Gasoline vapors contribute to the formation of ozone. OAR 340-242-0500 through 340-242-

0520 require the control of gasoline vapors from gasoline dispensing operations.

(2) OAR 340-242-0500 through 340-242-0520 apply to gasoline dispensing facilities located

within Clackamas, Multnomah and Washington Counties.

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as

adopted by the Environmental Quality Commission under OAR 340-200-0040.]

Stat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.040

Hist.: DEQ 7-1991, f. & cert. ef. 5-7-91 (and corrected 6-7-91); DEQ 4-1993, f. & cert. ef. 3-10-

93; DEQ 16-1996, f. & cert. ef. 8-14-96; DEQ 20-1998, f. & cert. ef. 10-12-98; DEQ 14-1999, f.

& cert. ef. 10-14-99, Renumbered from 340-022-0400

Attachment 3.1f, page 1

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 244

OREGON FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM

General Provisions for Stationary Sources

340-244-0030

Definitions

The definitions in OAR 340-200-0020, 340-218-0030 and this rule apply to this division. If the same term is

defined in this rule and OAR 340-200-0020 or 340-218-0030, the definition in this rule applies to this division.

(1) "Accidental Release" means an unanticipated emission of a regulated substance or other extremely

hazardous substance into the ambient air from a stationary source.

(2) "Annual throughput" means the amount of gasoline transferred into a gasoline dispensing facility during 12

consecutive months.

(3) "Area Source" means any stationary source which has the potential to emit hazardous air pollutants but is

not a major source of hazardous air pollutants.

(4) "CFR" means Code of Federal Regulations and, unless otherwise expressly identified, refers to the July 1,

2010 edition.

(5) "Construct a major source" means to fabricate, erect, or install at any greenfield site a stationary source or

group of stationary sources which is located within a contiguous area and under common control and which

emits or has the potential to emit 10 tons per year of any HAPs or 25 tons per year of any combination of HAP,

or to fabricate, erect, or install at any developed site a new process or production unit which in and of itself

emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP,

unless the process or production unit satisfies criteria in paragraphs (a) through (f) of this definition:

(a) All 1-1AP emitted by the process or production unit that would otherwise be controlled under the

requirements of 40 CFR Part 63, Subpart B will be controlled by emission control equipment which was

previously installed at the same site as the process or production unit;

(b) The Department has determined within a period of 5 years prior to the fabrication, erection, or installation of

the process or production unit that the existing emission control equipment represented the best available

control technology (BACT), lowest achievable emission rate (LAER) under 40 CFR part 51 or 52, toxics-best

available control technology (T-BACT), or MACT based on State air toxic rules for the category of pollutants

which includes those HAP to be emitted by the process or production unit; or the Department determines that

the control of HAP emissions provided by the existing equipment will be equivalent to that level of control

currently achieved by other well-controlled similar sources (i.e., equivalent to the level of control that would be

provided by a current BACT, LAER, T-BACT, or State air toxic rule MACT determination).

(c) The Department determines that the percent control efficiency for emission of HAP from all sources to be

controlled by the existing control equipment will be equivalent to the percent control efficiency provided by the

control equipment prior to the inclusion of the new process or production unit;

(d) The Department has provided notice and an opportunity for public comment concerning its determination

that criteria in paragraphs (a), (b), and (c) of this definition apply and concerning the continued adequacy of any

prior LAER, BACT, T-BACT, or State air toxic rule MACT determination;

(e) If any commenter has asserted that a prior LAER, BACT, T-BACT, or State air toxic rule MACT

determination is no longer adequate, the Department has determined that the level of control required by that

prior determination remains adequate; and
Attachment 3.1f, page 2

(0 Any emission limitations, work practice requirements, or other terms and conditions upon which the above

determinations by the Department are predicated will be construed by the Department as applicable

requirements under section 504(a) and either have been incorporated into any existing Title V permit for the

affected facility or will be incorporated into such permit upon issuance.

(6) "Dual-point vapor balance system" means a type of vapor balance system in which the storage tank is

equipped with an entry port for a gasoline fill pipe and a separate exit port for a vapor connection.

(7) "Emissions Limitation" and "Emissions Standard" mean a requirement adopted by the Department or

Regional Agency, or proposed or promulgated by the Administrator of the EPA, which limits the quantity, rate,

or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the

level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures

for a source to assure continuous emission reduction.

(8) "Equipment leaks" means leaks from pumps, compressors, pressure relief devices, sampling connection

systems, open ended valves or lines, valves, connectors, agitators, accumulator vessels, and instrumentation

systems in hazardous air pollutant service.

(9) "Existing Source" means any source, the construction of which commenced prior to proposal of an

applicable standard under sections 112 or 129 of the FCAA.

(10) "Facility" means all or part of any public or private building, structure, installation, equipment, or vehicle

or vessel, including but not limited to ships.

(11) "Gasoline" means any petroleum distillate/alcohol blend having a Reid vapor pressure of 27.6 kilopascals

(4.0 psi) or greater which is used as a fuel for internal combustion engines.

(12) "Gasoline cargo tank" means a delivery tank truck or railcar which is loading or unloading gasoline or

which has loaded or unloaded gasoline on the immediately previous load.

(13) "Gasoline dispensing facility (GDF)" means any stationary facility which dispenses gasoline into the fuel

tank of a motor vehicle. In Clackamas, Multnomah and Washington Counties, the Medford-Ashland Air Quality

Maintenance Area, and the Salem-Keizer Area Transportation Study area, "gasoline dispensing facility" means

any stationary facility which dispenses gasoline into the fuel tank of a motor vehicle, boat, or airplane.

(14) "Hazardous Air Pollutant" (HAP) means an air pollutant listed by the EPA pursuant to section 112(b) of

the FCAA or determined by the Commission to cause, or reasonably be anticipated to cause, adverse effects to

human health or the environment.

(15) "Major Source" means any stationary source or group of stationary sources located within a contiguous

area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10

tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of

hazardous air pollutants. The EPA may establish a lesser quantity, or in the case of radionuclides different

criteria, for a major source on the basis of the potency of the air pollutant, persistence, potential for

bioaccumulation, other characteristics of the air pollutant, or other relevant factors.

(16) "Maximum Achievable Control Technology (MACT)" means an emission standard applicable to major

sources of hazardous air pollutants that requires the maximum degree of reduction in emissions deemed

achievable for either new or existing sources.

(17) "Monthly throughput" means the total volume of gasoline that is loaded into, or dispensed from, all

gasoline storage tanks at each GDF during a month. Monthly throughput is calculated by summing the volume

of gasoline loaded into, or dispensed from, all gasoline storage tanks at each GDF during the current day, plus

the total volume of gasoline loaded into, or dispensed from, all gasoline storage tanks at each GDF during the

previous 364 days, and then dividing that sum by 12.

(18) "New Source" means a stationary source, the construction of which is commenced after proposal of a

federal MACT or January 3, 1993 of this Division, whichever is earlier.

(19) "Potential to Emit" means the maximum capacity of a stationary source to emit any air pollutant under its

physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air

pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or
Attachment 3.1f, page 3

amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is

enforceable by the EPA. This section does not alter or affect the use of this section for any other purposes under

the Act, or the term "capacity factor" as used in Title 1V of the Act or the regulations promulgated thereunder.

Secondary emissions shall not be considered in determining the potential to emit of a source.

(20) "Reconstruct a Major Source" means the replacement of components at an existing process or production

unit that in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any

combination of HAP, whenever: the fixed capital cost of the new components exceeds 50 percent of the fixed

capital cost that would be required to construct a comparable process or production unit; and; it is technically

and economically feasible for the reconstructed major source to meet the applicable maximum achievable

control technology emission limitation for new sources established under 40 CFR Part 63 Subpart B.

(21) "Regulated Air Pollutant" as used in this Division means:

(a) Any pollutant listed under OAR 340-200-0400 or 340-244-0230; or

(b) Any pollutant that is subject to a standard promulgated pursuant to Section 129 of the Act.

(22) "Section 112(n)" means that subsection of the FCAA that includes requirements for the EPA to conduct

studies on the hazards to public health prior to developing emissions standards for specified categories of

hazardous air pollutant emission sources.

(23) "Section 112(r)" means that subsection of the FCAA that includes requirements for the EPA promulgate

regulations for the prevention, detection and correction of accidental releases.

(24) "Solid Waste Incineration Unit" as used in this Division shall have the same meaning as given in Section

129(g) of the FCAA.

(25) "Stationary Source":

(a) As used in OAR 340 division 244 means any building, structure, facility, or installation which emits or may

emit any regulated air pollutant;

(b) As used in OAR 340-244-0230 means any buildings, structures, equipment, installations, or substance

emitting stationary activities:

(A) That belong to the same industrial group;

(B) That are located on one or more contiguous properties;

(C) That are under the control of the same person (or persons under common control); and

(D) From which an accidental release may occur.

(26) "Submerged filling" means, for the purposes of this subpart, the filling of a gasoline storage tank through a

submerged fill pipe whose discharge is no more than the applicable distance specified in OAR 340-244-0240(3)

from the bottom of the tank. Bottom filling of gasoline storage tanks is included in this definition.

(27) "Topping off" means, in the absence of equipment malfunction, continuing to fill a gasoline tank after the

nozzle has clicked off.

(28) "Vapor balance system" means a combination of pipes and hoses that create a closed system between the

vapor spaces of an unloading gasoline cargo tank and a receiving storage tank such that vapors displaced from

the storage tank are transferred to the gasoline cargo tank being unloaded.

(29) "Vapor-tight" means equipment that allows no loss of vapors. Compliance with vapor-tight requirements

can be determined by checking to ensure that the concentration at a potential leak source is not equal to or

greater than 100 percent of the Lower Explosive Limit when measured with a combustible gas detector,

calibrated with propane, at a distance of 1 inch from the source.

(30) "Vapor-tight gasoline cargo tank" means a gasoline cargo tank which has demonstrated within the 12

preceding months that it meets the annual certification test requirements in 40 CFR 63.11092(f).

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.040

Hist.: DEQ 13-1993, f. & cert. ef. 9-24-93; DEQ 18-1993, F. & cert. ef. 11-4-93; DEQ 24-1994, f. & cert. ef. 10-

28-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 20-1997, f. & cert. ef.
Attachment 3.1f, page 4

9-25-97; DEQ 18-1998, f. & cert. el: 10-5-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-

032-0120; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 13-2006, f. & cert. ef.

12-22-06; DEQ 15-2008, f. & cert. ef 12-31-08; DEQ 8-2009, f. & cert. cf. 12-16-09

Emission Standards

340-244-0220

Federal Regulations Adopted by Reference

(1) Except as provided in sections (2) and (3) of this rule, 40 CFR Part 61, Subparts. A, C through F, J, L, N

through P, V, and Y through FF and 40 CFR Part 63, Subparts A, F through YYYY, AAAAA through

TTTTTT, and VVVVVV through DDDDDDD are adopted by reference and incorporated herein.

(2) Where "Administrator" or "EPA" appears in 40 CFR Part 61 or 63, "Department" is substituted, except in

any section of 40 CFR Part 61 or 63, for which a federal rule or delegation specifically indicates that authority

will not be delegated to the state.

(3) 40 CFR Part 63 Subpart M -- Dry Cleaning Facilities using Perchloroethylene: The exemptions in 40 CFR

63.320(d) and (e) do not apply.

(4) 40 CFR Part 61 Subparts adopted by this rule are titled as follows:

(a) Subpart A -- General Provisions;

(b) Subpart C -- Beryllium;

(c) Subpart D -- Beryllium Rocket Motor Firing;

(d) Subpart E -- Mercury;

(e) Subpart F -- Vinyl Chloride;

(f) Subpart J -- Equipment Leaks (Fugitive Emission Sources) of Benzene;

(g) Subpart L -- Benzene Emissions from Coke By-Product Recovery Plants;

(h) Subpart N -- Inorganic Arsenic Emissions from Glass Manufacturing Plants;

(1) Subpart 0 -- Inorganic Arsenic Emissions from Primary Copper Smelters;

(j) Subpart P -- Inorganic Arsenic Emissions from Arsenic Trioxide and Metal Arsenic Facilities;

(k) Subpart V -- Equipment Leaks (Fugitive Emission Sources);

(1) Subpart Y -- Benzene Emissions from Benzene Storage Vessels;

(m) Subpart BB -- Benzene Emissions from Benzene Transfer Operations; and

(n) Subpart FF -- Benzene Waste Operations.

(5) 40 CFR Part 63 Subparts adopted by this rule are titled as follows:

(a) Subpart A -- General Provisions;

(b) Subpart F -- SOCMI;

(c) Subpart G -- SOCMI -- Process Vents, Storage Vessels, Transfer Operations, and Wastewater;

(d) Subpart H -- SOCMI -- Equipment Leaks;

(e) Subpart I -- Certain Processes Subject to the Negotiated Regulation for Equipment Leaks;

(f) Subpart J -- Polyvinyl Chloride and Copolymers Production;

(g) Subpart L -- Coke Oven Batteries;

(h) Subpart M -- Perchloroethylene Air Emission Standards for Dry Cleaning Facilities;

(i) Subpart N -- Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium

Anodizing Tanks;

(j) Subpart 0 -- Ethylene Oxide Emissions Standards for Sterilization Facilities;

(k) Subpart Q -- Industrial Process Cooling Towers;

(1) Subpart R -- Gasoline Distribution (Bulk Gasoline Terminals and Pipeline Breakout Stations);

(m) Subpart S -- Pulp and Paper Industry;

(n).Subpart T -- Halogenated Solvent Cleaning;

(o) Subpart U -- Group I Polymers and Resins;
Attachment 3 , 1 f, page 5

(p) Subpart W -- Epoxy Resins and Non-Nylon Polyamides Production;

(q) Subpart X -- Secondary Lead Smelting;

(r) Subpart Y -- Marine Tank Vessel Loading Operations;

(s) Subpart AA -- Phosphoric Acid Manufacturing Plants;

(t) Subpart BB -- Phosphate Fertilizer Production Plants;

(u) Subpart CC -- Petroleum Refineries;

(v) Subpart DD -- Off Site Waste and Recovery Operations;

(w) Subpart EE -- Magnetic Tape Manufacturing Operations;

(x) Subpart GG -- Aerospace Manufacturing and Rework Facilities;

(y) Subpart HH -- Oil and Natural Gas Production Facilities;

(z) Subpart II -- Shipbuilding and Ship Repair (Surface Coating);

(aa) Subpart JJ -- Wood Furniture Manufacturing Operations;

(bb) Subpart KK -- Printing and Publishing Industry;

(cc) Subpart LL -- Primary Aluminum Reduction Plants;

(dd) Subpart MM -- Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-Alone SemiChemical Pulp Mills;

(ee) Subpart 00 -- Tanks -- Level 1;

(ff) Subpart PP -- Containers;

(gg) Subpart QQ -- Surface Impoundments;

(hh) Subpart RR -- Individual Drain Systems;

(ii) Subpart SS -- Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System

or a Process;

(jj) Subpart TT -- Equipment Leaks -- Control Level 1;

(kk) Subpart UU -- Equipment Leaks -- Control Level 2;

(11) Subpart VV -- Oil-Water Separators and Organic-Water Separators;

(mm) Subpart WW -- Storage Vessels (Tanks) -- Control Level 2;

(nn) Subpart XX -- Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations;

(oo) Subpart YY -- Generic Maximum Achievable Control Technology Standards;

(pp) Subpart CCC -- Steel Pickling -- HCl Process Facilities and Hydrochloric Acid Regeneration Plants;

(qq) Subpart DDD -- Mineral Wool Production;

(rr) Subpart EEE -- Hazardous Waste Combustors;

(ss) Subpart GGG -- Pharmaceuticals Production;

(tt) Subpart HHH -- Natural Gas Transmission and Storage Facilities;

(uu) Subpart III -- Flexible Polyurethane Foam Production;

(vv) Subpart JJJ -- Group IV Polymers and Resins;

(ww) Subpart LLL -- Portland Cement Manufacturing Industry;

(xx) Subpart MMM -- Pesticide Active Ingredient Production;

(yy) Subpart NNN -- Wool Fiberglass Manufacturing;

(zz) Subpart 000 -- Manufacture of Amino/Phenolic Resins;

(aaa)Subpart PPP -- Polyether Polyols Production;

(bbb) Subpart QQQ -- Primary Copper Smelting;

(ccc) Subpart RRR -- Secondary Aluminum Production;

(ddd) Subpart TTT -- Primary Lead Smelting;

(eee) Subpart UUU -- Petroleum Refineries -- Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur

Recovery Units;

(fff) Subpart VVV -- Publicly Owned Treatment Works;

(ggg) Subpart XXX -- Ferroalloys Production: Ferromanganese and Silicomanganese;

(hhh) Subpart AAAA -- Municipal Solid Waste Landfills;
Attachment 3.1f, page 6

(iii) Subpart CCCC -- Manufacturing of Nutritional Yeast;

(jjj) Subpart DDDD -- Plywood and Composite Wood Products;

(kick) Subpart EEEE -- Organic Liquids Distribution (non-gasoline);

(111) Subpart FFFF -- Miscellaneous Organic Chemical Manufacturing;

(mmm) Subpart GGGG -- Solvent Extraction for Vegetable Oil Production;

(nun) Subpart HHHH -- Wet Formed Fiberglass Mat Production;

(ooo) Subpart 1111-- Surface Coating of Automobiles and Light-Duty Trucks;

(ppp) Subpart JJJJ -- Paper and Other Web Coating;

(qqq) Subpart KKKK -- Surface Coating of Metal Cans;

(rrr) Subpart MMMM -- Surface Coating of Miscellaneous Metal Parts and Products;

(sss) Subpart NNNN -- Surface Coating of Large Appliances;

(ttt) Subpart 0000 -- Printing, Coating, and Dyeing of Fabrics and Other Textiles;

(uuu) Subpart PPPP -- Surface Coating of Plastic Parts and Products;

(vvv) Subpart QQQQ -- Surface Coating of Wood Building Products;

(www) Subpart RRRR -- Surface Coating of Metal Furniture;

(xxx) Subpart SSSS -- Surface Coating of Metal Coil;

(yyy) Subpart TTTT -- Leather Finishing Operations;

(zzz) Subpart UUUU -- Cellulose Production Manufacturing;

(aaaa) Subpart VVVV -- Boat Manufacturing;

(bbbb) Subpart WWWW -- Reinforced Plastics Composites Production;

(cccc) Subpart XXXX -- Rubber Tire Manufacturing;

(dddd) Subpart YYYY -- Stationary Combustion Turbines;

(eeee) Subpart AAAAA -- Lime Manufacturing;

(ffff) Subpart BBBBB -- Semiconductor Manufacturing;

(gggg) Subpart CCCCC -- Coke Ovens: Pushing, Quenching & Battery Stacks;

(hhhh) Subpart EEEEE -- Iron and Steel Foundries;

(iv) Subpart FFFFF -- Integrated Iron and Steel Manufacturing Facilities;

(jjjj) Subpart GGGGG -- Site Remediation;

(kkkk) Subpart HHHHH -- Misc. Coating Manufacturing;

(1111) Subpart 11111 -- Mercury Cell Chlor-Alkali Plants;

(mnumrn) Subpart JJJJJ -- Brick and Structural Clay Products Manufacturing;

(nnnn) Subpart KKKKK -- Clay Ceramics Manufacturing;

(oooo) Subpart LLLLL -- Asphalt Processing & Asphalt Roofing Manufacturing;

(pppp) Subpart MMMMM -- Flexible Polyurethane Foam Fabrication Operations;

(qqqq) Subpart NNNNN -- Hydrochloric Acid Production;

(rrrr) Subpart PPPPP -- Engine Tests Cells/Stands;

(ssss) Subpart QQQQQ -- Friction Materials Manufacturing Facilities;

(tilt) Subpart RRRRR -- Taconite Iron Ore, Processing;

(uuuu) Subpart SSSSS -- Refractory Products Manufacturing;

(vvvv) Subpart TTTTT -- Primary Magnesium Refining;

(wwww) Subpart WWWWW -- Area Sources: Hospital Ethylene Oxide Sterilization;

(xxxx) Subpart YYYYY -- Area Sources: Electric Arc Furnace Steelmaking Facilities;

(yyyy) Subpart ZZZZZ -- Area Sources: Iron and Steel Foundries;

(zzzz) Subpart BBBBBB -- Area Sources: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline

Facilities;

(aaaaa) Subpart DDDDDD -- Area Sources: Polyvinyl Chloride and Copolymers Production;

(bbbbb) Subpart EEEEEE -- Area Sources: Primary Copper Smelting;

(ccccc) Subpart FFFFFF -- Area Sources: Secondary Copper Smelting;
Attachment 3.1 f, page 7

(ddddd) Subpart GGGGGG -- Area Sources: Primary Nonferrous Metals -- Zinc, Cadmium, and Beryllium;

(eeeee) Subpart HHHHHH -- Area Sources: Paint Stripping and Miscellaneous Surface Coating Operations

(fffff) Subpart LLLLLL -- Area Sources: Acrylic and Modacrylic Fibers Production;

(ggggg) Subpart MMMMMM -- Area Sources: Carbon Black Production;

(hhhhh) Subpart NNNNNN -- Area Sources: Chemical Manufacturing: Chromium Compounds;

(iiiii) Subpart 000000 -- Area Sources: Flexible Polyurethane Foam Production;

(jjjj) Subpart PPPPPP -- Area Sources: Lead Acid Battery Manufacturing;

(kkkkk) Subpart QQQQQQ -- Area Sources: Wood Preserving;

(11111) Subpart RRRRRR -- Area Sources: Clay Ceramics Manufacturing;

(mmmmm) Subpart SSSSSS -- Area Sources: Glass Manufacturing;

(nnnnn) Subpart TTTTTT -- Area Sources: Secondary Nonferrous Metals Processing;

(ooooo) Subpart VVVVVV -- Area Sources: Chemical Manufacturing;

(ppppp) Subpart WWWWWW -- Area Source: Plating and Polishing Operations;

(qqqqq) Subpart XXXXXX -- Area Source: Nine Metal Fabrication and Finishing Source Categories;

(rim) Subpart YYYYYY -- Area Sources: Ferroalloys Production Facilities;

(sssss) Subpart ZZZZZZ -- Area Sources: Aluminum, Copper, and Other Nonferrous Foundries;

(ttttt) Subpart AAAAAAA - Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing;

(uuuuu) Subpart BBBBBBB -- Area Sources: Chemical Preparations Industry;

(vvvvv) Subpart CCCCCCC -- Area Sources: Paints and Allied Products Manufacturing;

(wwwww) Subpart DDDDDDD -- Area Sources: Prepared Feeds Manufacturing.

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A.025

Hist.: [DEQ 16-1995, f. & cert. e£ 6-21-95; DEQ 28-1996, f. & cert. ef. 12-19-96; DEQ 18-1998, f. & cert. ef.

10-5-98]; [DEQ 18-1993, f & cert. of 11-4-93; DEQ 32-1994, f. & cert. ef. 12-22-94]; DEQ 14-1999, f. & cert.

ef. 10-14-99, Renumbered from 340-032-0510, 340-032-5520; DEQ 11-2000, f. & cert. ef. 7-27-00; DEQ 15-

2001, f. & cert. ef. 12-26-01; DEQ 4-2003, f. & cert. e£ 2-06-03; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-

2006, f. & cert. e£ 3-14-06; DEQ 15-2008, f & cert. ef 12-31-08; DEQ 8-2009, f & cert. ef. 12-16-09

Emission Standards for Gasoline Dispensing Facilities

340-244-0234

Affected Sources

(1) The affected source to which the emission standards apply is each GDF. The affected source includes each

gasoline cargo tank during the delivery of product to a GDF and also includes each storage tank.

(2) The emissions standards in OAR 340-244-0236 through 0252 do not apply to agricultural operations as

defined in ORS 468A.020. Agricultural operations are however required to comply with the Gasoline

Dispensing NESHAP, if applicable (40 CFR part 63 subpart CCCCCC).

(3) All GDFs must comply with the requirements of OAR 340-244-0240.

(4) The owner or operator of a GDF must comply with the requirements of OAR 340-244-0242 for the

following gasoline storage tanks:

(a) All tanks with a capacity of 250 gallons or more located at GDFs:

(A) Whose annual throughput exceeds 480,000 gallons of gasoline or more;

(B) Whose average monthly throughput exceeds 100,000 gallons of gasoline or more; or

(C) In Clackamas, Multnomah, or Washington County whose annual throughput exceeds 120,000 gallons of

gasoline or more.

(b) All tanks with a capacity of 1,500 gallons or more located at GDFs in the Portland AQMA, Medford

AQMA, or Salem SKATS.
Attachment 3.1f, page 8

(5) The owner or operator of a GDF must comply with the requirements of OAR 340-244-0242(4) for any

gasoline storage tank equipped with a vapor balance system.

(6) An affected source must, upon request by the Department, demonstrate their annual or average monthly

throughput.

(7) The owner or operator of an affected source, as defined in section (1) of this rule, is not required to obtain a

Title V Operating Permit. However, the owner or operator must still apply for and obtain a Title V Operating

Permit if meeting one or more of the applicability criteria found in OAR 340-218-0020.

(8) The loading of aviation gasoline storage tanks at airports, and the subsequent transfer of aviation gasoline

within the airport, is not subject to OAR 340-244-0236 through 0252, except in the Portland AQMA, Medford

AQMA, Salem SKATS, and Clackamas, Multnomah, and Washington Counties. In these geographic areas,

aviation gasoline is subject to OAR ,340-244-0236 through 0252.

(9) Monthly throughput is the total volume of gasoline loaded into, or dispensed from, all the gasoline storage

tanks located at a single affected GDF. If an area source has two or more GDFs at separate locations within the

area source, each GDF is treated as a separate affected source.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.025

Hist.: DEQ 15-2008, f & cert. ef 12-31-08

340-244-0236

Affected Equipment or Processes

(1) The emission sources to which this rule applies are gasoline storage tanks and associated equipment

components in vapor or liquid gasoline service at new, reconstructed, or existing GDF that meet the criteria

specified in OAR 340-244-0234. Pressure/Vacuum vents on gasoline storage tanks and the equipment necessary

to unload product from cargo tanks into the storage tanks at GDF are covered emission sources.

(2) An affected source is a new affected source if construction commenced on the affected source after

November 9, 2006, and the applicability criteria in OAR 340-244-0234 are met at the time operation

commenced.

(3) An affected source is reconstructed if meeting the criteria for reconstruction as defined in 40 CFR 63.2.

(4) An affected source is an existing affected source if it is not new or reconstructed.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.025

Hist.: DEQ 15-2008, f. & cert. ef 12-31-08

340-244-0238

Compliance Dates

(1) For a new or reconstructed affected source, the owner or operator must comply with the standards in OAR

340-244-0240 and 0242, as applicable, no later than January 10, 2008 or upon startup, whichever is later, except

as follows:

(a) The owner or operator of a new or reconstructed GDF must comply with OAR 340-244-0240(1)(b) and (c)

no later than July 1, 2009 or upon startup, whichever is later.

(b) For tanks located at a GDF with average monthly throughput less than 100,000 gallons of gasoline and not

listed in OAR 340-244-0234(4)(a)(C) or (4)(b) must comply with OAR 340-244-0242, as applicable, no later

than December 13, 2009 or upon startup, whichever is later.
Attachment 3.1 f, page 9

(c) The owner or operator of a GDF subject to Table 4 of this division must comply no later than September 23,

2008 or upon startup, whichever is later.

(2) For an existing affected source, the owner or operator must comply with the standards in OAR 340-244-

0240 and 0242, as applicable, by no later than January 10, 2011, except as follows:

(a) For tanks with a capacity between 1,500 and 40,000 gallons and located in the Portland AQMA, Medford

AQMA, or Salem SATS, the owner or operator must comply with the standards in OAR 340-244-0240(3) and

0242 no later than December 13, 2008.

(b) For tanks located at an affected source located in Clackamas, Multnomah, or Washington County, whose

annual throughput exceeds 120,000 gallons, the owner or operator must comply with the standards in OAR 340-

244-0240(3) and 0242 no later than December 13, 2008.

(c) The owner or operator of an existing GDF must comply with OAR 340-244-0240(1)(b) and (c) no later than

July 1, 2009 or upon startup, whichever is later,

(3) For an existing affected source that becomes subject to the control requirements in OAR 340-244-0242

because of an increase in the monthly throughput, as specified in OAR 340-244-0234(4), the owner or operator

must comply with the standards OAR 340-244-0242 no later than January 10, 2011 or within 2 years after the

affected source becomes subject to the control requirements in OAR 340-244-0242, whichever is later.

(4) The initial compliance demonstration test required under OAR 340-244-0244(1)(a) and (b) must be

conducted as specified in subsections (4)(a) and (b) of this rule.

(a) For a new or reconstructed affected source, the owner or operator must conduct the initial compliance test

upon installation of the complete vapor balance system.

(b) For an existing affected source, the owner or operator must conduct the initial compliance test as specified

in paragraph (4)(b)(A) or (B) of this rule.

(A) For vapor balance systems installed on or before December 15, 2009 at a GDF whose average monthly

throughput exceeds 100,000 gallons of gasoline or more, the owner or operator must test no later than 180 days

after the applicable compliance date specified in section (2) or (3) of this rule.

(B) For vapor balance systems installed after December 15, 2009, the owner or operator must test upon

installation of a complete vapor balance system or a new gasoline storage tank.

(C) For a GDF whose average monthly throughput is less than or equal to 100,000 gallons of gasoline, the

owner or operator is only required to test upon installation of a complete vapor balance system or a new

gasoline storage tank.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.025

Mist.: DEQ 15-2008, f. & cert. of 12-31-08; DEQ 8-2009, f. & cert. of 12-16-09

340-244-0242

Vapor Balance Requirements

(1) Except as provided in section (2) of this rule, the owner or operator of gasoline storage tank listed in OAR

340-244-0234(4), must meet the requirements in either subsection (1)(a) or (1)(b) of this rule.

(a) Each management practice in Table 4 of this division that applies to the GDF.

(b) If, prior to January 10, 2008, the owner or operator operates a vapor balance system at the GDF that meets

the requirements of either paragraph (1)(b)(A) or (1)(b)(B) of this rule, the owner or operator will be deemed in

compliance with this section.

(A) Achieves emissions reduction of at least 90 percent.

(B) Operates using management practices at least as stringent as those in Table 4 of this division.

(2) Gasoline storage tanks equipped with floating roofs or the equivalent are not required to comply with the

control requirements in section (1) of this rule.
Attachment 3.1f, page 10

(3) Cargo tanks unloading at a GDF must comply with the requirements of OAR 340-244-0240(1) and

management practices in Table 5 of this division.

(4) The owner or operator of a GDF subject to section (1) of this rule or having a gasoline storage tank equipped

with a vapor balance system, must comply with the following requirements on and after the applicable

compliance date in OAR 340-244-0238:

(a) When loading a gasoline storage tank equipped with a vapor balance system, connect and ensure the proper

operation of the vapor balance system whenever gasoline is being loaded.

(b) Maintain all equipment associated with the vapor balance system to be vapor tight and in good working

order.

(c) In order to ensure that the vapor balance equipment is maintained to be vapor tight and in good working

order, have the vapor balance equipment inspected on an annual basis to discover potential or actual equipment

failures.

(d) Replace, repair or modify any worn or ineffective component or design element within 24 hours to ensure

the vapor-tight integrity and efficiency of the vapor balance system. If repair parts must be ordered, either a

written or verbal order for those.parts must be initiated within 2 working days of detecting such a leak. Such

repair parts must be installed within 5 working days after receipt.

(5) The owner or operator of a GDF subject to section (1) of this rule must also comply with the following

requirements:

(a) The applicable testing requirements contained in OAR 340-244-0244.

(b) The applicable notification requirements under OAR 340-244-0246.

(c) The applicable recordkeeping and reporting requirements as specified in OAR 340-244-0248 and 0250.

(d) The owner or operator must have records available within 24 hours of a request by the Department to

document gasoline throughput.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s),.]

Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.025

Hist.: DEQ 15-2008, f. & cert. ef 12-31-08; DEQ 8-2009, f. & cert. ef. 12-16-09

340-244-0244

Testing and Monitoring Requirements

(1) Each owner or operator, at time of installation, as specified in OAR 340-244-0238(4), of a vapor balance

system required under OAR 340-244-0242(1)(a), and every 3 years thereafter at a GDF with monthly

throughput of 100,000 gallons of gasoline or more, must comply with the requirements in subsections (1)(a) and

(b) of this rule.

(a) The owner or operator must demonstrate compliance with the leak rate and cracking pressure requirements,

specified in item 1(g) of Table 4 of this division, for pressure-vacuum vent valves installed on gasoline storage

tanks using the test methods identified in paragraph (1)(a)(A) or (B) of this rule.

(A) California Air Resources Board Vapor Recovery Test Procedure TP-201.1E,-Leak Rate and Cracking

Pressure of Pressure/Vacuum Vent Valves, adopted October 8, 2003 (incorporated by reference, see 40 CFR

63.14).

(B) Use alternative test methods and procedures in accordance with the alternative test method requirements in

40 CFR 63.7(f).

(b) The owner or operator must demonstrate compliance with the static pressure performance requirement,

specified in item 1(h) of Table 4 of this division, for the vapor balance system by conducting a static pressure

test on the gasoline storage tanks using the test methods identified in paragraph (1)(b)(A) or (B) of this rule.
Attachment 3.1 f, page 11

(A) California Air Resources Board Vapor Recovery Test Procedure TP-201.3a Determination of 2-Inch WC

Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities, adopted April 12, 1996, and

amended March 17, 1999 (incorporated by reference, see 40 CFR 63.14).

(B) Use alternative test methods and procedures in accordance with the alternative test method requirements in

40 CFR 63.7(f).

(2) Each owner or operator of a GDF, choosing, under the provisions of 40 CFR 63.6(g), to use a vapor balance

system other than that described in Table 4 of this division, must demonstrate to the Department the

equivalency of their vapor balance system to that described in Table 4 of this division using the procedures

specified in subsections (2)(a) through (c) of this rule.

(a) The owner or operator must demonstrate initial compliance by conducting an initial performance test on the

vapor balance system to demonstrate that the vapor balance system achieves 95 percent reduction using the

California Air Resources Board Vapor Recovery Test Procedure TP-201.1, - Volumetric Efficiency for Phase I

Vapor Recovery Systems, adopted April 12, 1996, and amended February 1, 2001, and October 8, 2003,

(incorporated by reference, see 40 CFR 63.14).

(b) The owner or operator must, during the initial performance test required under subsection (2)(a) of this rule,

determine and document alternative acceptable values for the leak rate and cracking pressure requirements

specified in item 1(g) of Table 4 of this division and for the static pressure performance requirement in item

1(h) of Table 4 of this division.

(c) The owner or operator must comply with the testing requirements specified in section (1) of this rule.

(3) Conduct of performance tests. Performance tests must be conducted under such conditions as the

Department specifies to the owner or operator based on representative performance (i.e., performance based on

normal operating conditions) of the affected source. Upon request, the owner or operator must make available to

the Department such records as may be necessary to determine the conditions of performance tests.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.025

Mist.: DEQ 15-2008, f. & cert. of 12-31-08

340-244-0248

Recordkeeping Requirements

(1) Each owner or operator must keep the following records:

(a) Records of all tests performed under OAR 340-244-0244(1) and (2);

(b) Records related to the operation and maintenance of vapor balance equipment required under OAR 340-244-

0242. Any vapor balance component defect must be logged and tracked by station personnel using forms

provided by the Department or a reasonable facsimile.

(c) Records of total throughput volume of gasoline, in gallons, for each calendar month.

(d) Records of permanent changes made at the GDF and vapor balance equipment which may affect emissions.

(2) Records required under section (1) of this rule must be kept for a period of 5 years and must be made

available for inspection by the Department during the course of a site visit.

(3) Each owner or operator of a gasoline cargo tank subject to the management practices in Table 5 of this

division must keep records documenting vapor tightness testing for a period of 5 years. Documentation must

include each of the items specified in 40 CFR 63.11094(b)(i) through (viii). Records of vapor tightness testing

must be retained as specified in either subsection (3)(a) or (b) of this rule.

(a) The owner or operator must keep all vapor tightness testing records with the cargo tank.

(b) As an alternative to keeping all records with the cargo tank, the owner or operator may comply with the

requirements of paragraphs (3)(a)(A) and (B) of this rule.
Attachment 3.1f, page 12

(A) The owner or operator may keep records of only the most recent vapor tightness test with the cargo tank and

keep records for the previous 4 years at their office or another central location.

(B) Vapor tightness testing records that are kept at a location other than with the cargo tank must be instantly

available (e.g., via e-mail or facsimile) to the Department during the course of a site visit or within a mutually

agreeable time frame. Such records must be an exact duplicate image of the original paper copy record with

certifying signatures.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the

Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.025

Hist.: DEQ 15-2008, f. & cert. of 12-31-08

Theo,pupor operator must

Install and operate a vapor balance system on gasoline storage tanks that meets

the design criteria in paragraphs (a) through (h).

(a) All vapor connections and lines on the storage tank must be equipped with

closures that seal upon disconnect.

(b) The vapor line from the gasoline storage tank to the gasoline cargo tank

must be vapor-tight, as defined in OAR 340-244-0030.

(c) The vapor balance system must be designed such that the pressure in the

tank truck does not exceed 18 inches water pressure or 5.9 inches water vacuum

during product transfer.

(d) The vapor recovery and product adaptors, and the method of connection

with the delivery elbow, must be designed so as to prevent the over-tightening

or loosening of fittings during normal delivery operations.

(e) If a gauge well separate from the fill tube is used, it must be provided with a

submerged drop tube that extends the same distance from the bottom of the

storage tank as specified in OAR 340-244-0240(3).

(f) Liquid fill connections for all systems must be equipped with vapor-tight

caps.

(g) Pressure/vacuum (PV) vent valves must be installed on the storage tank vent

pipes. The pressure specifications for PV vent valves must be: a positive

pressure setting of 2.5 to 6.0 inches of water and a negative pressure setting of

6.0 to 10.0 inches of water. The total leak rate of all PV vent valves at an

affected facility, including connections, must not exceed 0.17 cubic foot per

hour at a pressure of 2.0 inches of water and 0.63 cubic foot per hour at a

vacuum of 4 inches of water.

(h) The vapor balance system must be capable of meeting the static pressure

performance requirement of the following equation:

Pf = 2e500.887/v

Where:

Pf= Minimum allowable final pressure, inches of water.

v = Total ullage affected by the test, gallons.

e = Dimensionless constant equal to approximately 2.718.

2 = The initial pressure, inches water.

2. For a new or reconstructed GDF with monthly

throughput of 100,000 gallons of gasoline or more,

or any storage tank(s) constructed after November

9, 2006 at an existing GDF with monthly

Install and operate a dual-point vapor balance system, as defined in OAR 340-

244-0030, on each affected gasoline storage tank and comply with the design

criteria in item 1 of this Table.
Attachment 3.1f, page 13

throughput of 100,000 gallons of gasoline or more

If owningor. operabng 'file owner or operator roust

A gasoline cargo tank Not unload gasoline into a storage tank at a GDF with stage I vapor controls

unless the following conditions are met:

(i) All hoses in the vapor balance system are properly connected,

(ii) The adapters or couplers that attach to the vapor line on the storage tank

have closures that seal upon

disconnect,

(iii) All vapor return hoses, couplers, and adapters used in the gasoline delivery

are vapor-tight,

(iv) All tank truck vapor return equipment is compatible in size and forms a

vapor-tight connection with the vapor balance equipment on the GDF storage

tank, and

(v) All hatches on the tank truck are closed and securely fastened.

(vi) The filling of storage tanks at GDF must be limited to unloading by vaportight gasoline cargo tanks. Documentation that the cargo tank has met the

specifications of EPA Method 27 must be carried with the cargo tank, as

specified in OAR 340-244-0248(3).

Attachment 3.2, page 1

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 200

GENERAL AIR POLLUTION

PROCEDURES AND DEFINITIONS

340-200-0040

State of Oregon Clean Air Act Implementation Plan

(1) This implementation plan, consisting of Volumes 2 and 3 of the State of Oregon Air Quality Control

Program, contains control strategies, rules and standards prepared by the Department of Environmental

Quality and is adopted as the state implementation plan (SIP) of the State of Oregon pursuant to the

federal Clean Air Act, 42 U.S.C.A 7401 to 7671q.

(2) Except as provided in section (3), revisions to the SIP will be made pursuant to the Commission's

rulemaking procedures in division 11 of this chapter and any other requirements contained in the SIP

and will be submitted to the United States Environmental Protection Agency for approval. The State

Implementation Plan was last modified by the Commission on April 29, Al OfINSERT DATE OF EQC

ADOPTION OF RULES].

(3) Notwithstanding any other requirement contained in the SIP, the Department may:

(a) Submit to the Environmental Protection Agency any permit condition implementing a rule that is

part of the federally-approved SIP as a source-specific SIP revision after the Department has complied

with the public hearings provisions of 40 CFR 51.102 (July 1, 2002); and

(b) Approve the standards submitted by a regional authority if the regional authority adopts verbatim

any standard that the Commission has adopted, and submit the standards to EPA for approval as a SIP

revision.

NOTE: Revisions to the State of Oregon Clean Air Act Implementation Plan become federally

enforceable upon approval by the United States Environmental Protection Agency. If any provision of

the federally approved Implementation Plan conflicts with any provision adopted by the Commission,

the Department shall enforce the more stringent provision.

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A.035

Hist.: DEQ 35, f. 2-3-72, ef. 2-15-72; DEQ 54, f. 6-21-73, ef. 7-1-73; DEQ 19-1979, f. & of 6-25-79;

DEQ 21-1979, f. & of 7-2-79; DEQ 22-1980, F. & ef. 9-26-80; DEQ 11-1981, f. & ef. 3-26-81; DEQ

14-1982, f & ef. 7-21-82; DEQ 21-1982, f. & ef. 10-27-82; DEQ 1-1983, f. & ef. 1-21-83; DEQ 6-1983,

f. & of 4-18-83; DEQ 18-1984, f. & ef. 10-16-84; DEQ 25-1984, f. & ef. 11-27-84; DEQ 3-1985, f. &

of 2-1-85; DEQ 12-1985, f. & ef. 9-30-85; DEQ 5-1986, f. & ef. 2-21-86; DEQ 10-1986, f & ef. 5-9-

86; DEQ 20-1986, f. & ef. 11-7-86; DEQ 21-1986, f & of 11-7-86; DEQ 4-1987, f. & ef. 3-2-87; DEQ

5-1987, f. & ef. 3-2-87; DEQ 8-1987, f. & ef. 4-23-87; DEQ 21-1987, f. & ef. 12-16-87; DEQ 31-1988,

f. 12-20-88, cert. ef. 12-23-88; DEQ 2-1991, f. & cert. ef. 2-14-91; DEQ 19-1991, f. & cert. ef. 11-13-

91; DEQ 20-1991, f. & cert. ef. 11-13-91; DEQ 21-1991, f. & cert. of 11-13-91; DEQ 22-1991, f. &

cert. ef. 11-13-91; DEQ 23-1991, f. & cert. ef. 11-13-91; DEQ 24-1991, f & cert. ef. 11-13-91; DEQ

25-1991, f & cert. of 11-13-91; DEQ 1-1992, f. & cert. ef. 2-4-92; DEQ 3-1992, f & cert. ef. 2-4-92;

DEQ 7-1992, £ & cert. ef. 3-30-92; DEQ 19-1992, f. & cert. ef. 8-11-92; DEQ 20-1992, f. & cert. ef. 8-

11-92; DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92; DEQ 26-1992, f. & cert. ef. 11-2-92; DEQ 27-1992,

f. & cert. ef. 11-12-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 8-1993, f. & cert. ef. 5-11-93; DEQ 12--

1993, f & cert. of 9-24-93; DEQ 15-1993, f. & cert. ef. 11-4-93; DEQ 16-1993, f. & cert. ef. 11-4-93;

DEQ 17-1993, f. & cert. of 11-4-93; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 1-1994, f. & cert. ef. 1-
Attachment 3.2, page 2

3-94; DEQ 5-1994, f & cert. ef. 3-21-94; DEQ 14-1994, f. & cert. ef. 5-31-94; DEQ 15-1994, f. 6-8-94,

cert. ef. 7-1-94; DEQ 25-1994, f. & cert. ef. 11-2-94; DEQ 9-1995, f. & cert. ef. 5-1-95; DEQ 10-1995,

f. & cert. ef. 5-1-95; DEQ 14-1995, f. & cert. ef. 5-25-95; DEQ 17-1995, f. & cert. ef. 7-12-95; DEQ 19-

1995, f & cert. ef. 9-1-95; DEQ 20-1995 (Temp), f. & cert. of 9-14-95; DEQ 8-1996(Temp), f & cert.

ef. 6-3-96; DEQ 15-1996, f & cert. ef. 8-14-96; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f.

& cert. ef. 10-22-96; DEQ 23-1996, f. & cert. of 11-4-96; DEQ 24-1996, f. & cert. ef. 11-26-96; DEQ

10-1998, f. & cert. ef. 6-22-98; DEQ 15-1998, f & cert. of 9-23-98; DEQ 16-1998, f. & cert. ef. 9-23-

98; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 20-1998, f & cert. ef. 10-12-98; DEQ 21-1998, f & cert.

of 10-12-98; DEQ 1-1999, f & cert. of 1-25-99; DEQ 5-1999, F. &.cert. ef 3-25-99; DEQ 6-1999, f. &

cert. ef. 5-21-99; DEQ 10-1999, f & cert. ef 7-1-99; DEQ 14-1999, f & cert. ef. 10-14-99, Renumbered

from 340-020-0047; DEQ 15-1999, f. & cert. ef. 10-22-99; DEQ 2-2000, f 2-17-00, cert. of 6-1-01;

DEQ 6-2000, f. & cert. ef. 5-22-00; DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 13-2000, f. & cert. ef. 7-28-

00; DEQ 16-2000, f & cert. ef. 10-25-00; DEQ 17-2000, f & cert. ef. 10-25-00; DEQ 20-2000 f. & cert.

ef. 12-15-00; DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 2-2001, f. & cert. ef, 2-5-01; DEQ 4-2001, f

& cert. ef. 3-27-01; DEQ 6-2001, f. 6-18-01, cert. ef 7-1-01; DEQ 15-2001, f. & cert. ef. 12-26-01;

DEQ 16-2001, f. & cert. ef. 12-26-01; DEQ 17-2001, f. & cert. ef. 12-28-01; DEQ 4-2002, f. & cert. of

3-14-02; DEQ 5-2002, f. & cert. ef. 5-3-02; DEQ 11-2002, f & cert. ef. 10-8-02; DEQ 5-2003, f & cert.

ef. 2-6-03; DEQ 14-2003, f & cert. ef. 10-24-03; DEQ 19-2003, f. & cert. ef. 12-12-03; DEQ 1-2004, f

& cert. ef. 4-14-04; DEQ 10-2004, f & cert. ef. 12-15-04; DEQ 1-2005, f & cert. ef. 1-4-05; DEQ 2-

2005, f. & cert. ef. 2-10-05; DEQ 4-2005, f 5-13-05, cert. ef. 6-1-05; DEQ 7-2005, f & cert. ef. 7-12-

05; DEQ 9-2005, f & cert. of 9-9-05; DEQ 2-2006, f & cert. ef. 3-14-06; DEQ 4-2006, f. 3-29-06, cert.

ef 3-31-06; DEQ 3-2007, f. & cert. ef. 4-12-07; DEQ 4-2007, f. & cert. ef. 6-28-07; DEQ 8-2007, f &

cert. ef. 11-8-07; DEQ 5-2008, f. & cert. ef. 3-20-08; DEQ 11-2008, f & cert. ef. 8-29-08; DEQ 12-

2008, f. & cert. ef. 9-17-08; DEQ 14-2008, f & cert. ef. 11-10-08; DEQ 15-2008, f. & cert. ef 12-3.1-08;

DEQ 3-2009, f. & cert. of 6-30-09; DEQ 8-2009, f & cert. ef. 12-16-09; DEQ 2-2010, f. & cert. ef. 3-5-

10; DEQ 5-2010, f. & cert. ef. 5-21-10

DIVISION 216

AIR CONTAMINANT DISCHARGE PERMITS

340-216-0020

Applicability

This division applies to all sources referred to in Table 1. This division also applies to Oregon Title V

Operating Permit program sources when an ACDP is required by OAR 340-218-0020 or 340-224-0010.

Sources referred to in Table 1 are subject to fees as set forth in Table 2.

(1) No person may construct, install, establish, develop or operate any air contaminant source which is

referred to in Table 1 without first obtaining an Air Contaminant Discharge Permit (ACDP) from the

Department or Regional Authority, unless otherwise deferred from the requirement to obtain an ACDP

in subsection (1)(c) or (d) of this rule. No person may continue to operate an air contaminant source if

the ACDP expires, or is terminated or revoked; except as provided in OAR 340-216-0082.

(a) For portable sources, a single permit may be issued for operating at any area of the state if the permit

includes the requirements from both the Department and Regional Authorities.

(b) The Department or Regional Authority where the portable source's Corporate offices are located will

be responsible for issuing the permit. If the corporate office of a portable source is located outside of the

state, the Department will be responsible for issuing the permit.
Attachment 3.2, page 3

(c) An air contaminant source required to obtain an ACDP or ACDP Attachment pursuant to a NESHAP

or NSPS adopted by the Commission by rule is not required to submit an application for an ACDP or

ACDP Attachment until four months after the effective date of the Commission's adoption of the

NESHAP or NSPS, and is not required to obtain an ACDP or ACDP Attachment until six months after

the Commission's adoption of the NESHAP or NSPS. In addition, the Department may defer the

requirement to submit an application for, or to obtain an ACDP or ACDP Attachment, or both, for up to

an additional twelve ,ix months.

(d) Gasoline dispensing facilities are not required to submit an application for an ACDP or ACDP

Attachment until May 1, 2010 or obtain an ACDP or ACDP attachment until rune 1, 2010. The

Department may defer the requirement to submit an application for, or to obtain an ACDP or ACDP

Attachment, or both, for up to an additional six months.

(e) Deferrals of Oregon permitting requirements do not relieve an air contaminant source from the

responsibility of complying with federal NESHAP or NSPS requirements.

(2) No person may construct, install, establish, or develop any source that will be subject to the Oregon

Title V Operating Permit program without first obtaining an ACDP from the Department or Regional

Authority.

(3) No person may modify any source that has been issued an ACDP without first complying with the

requirements of OAR 340-210-0205 through 340-210-0250.

(4) No person may modify any source required to have an ACDP such that the source becomes subject

to the Oregon Title V Operating Permit program without complying with the requirements of OAR 340-

210-0205 through 340-210-0250.

(5) No person may increase emissions above the PSEL by more than the de minimis levels specified in

OAR 340-200-0020 without first applying for and obtaining a modified ACDP.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by

the EQC under OAR 340-211-0040.

Stat. Auth.: ORS 468.020

Slats. Implemented: ORS 468A

Hist.: DEQ 47, f. 8-31-72, ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-76;

Renumbered from 340-020-0033; DEQ 125, f. & ef. 12-16-76; DEQ 20-1979, f. & of 6-29-79; DEQ 23-

1980, f. & ef. 9-26-80; DEQ 13-1981, f. 5-6-81, ef. 7-1-81; DEQ 11-1983, f. & e1: 5-31-83; DEQ 3-

1986, f. & ef. 2-12-86; DEQ 12-1987, f. & ef. 6-15-87; DEQ 27-1991, f. & cert. ef. 11-29-91; DEQ 4-

1993, f & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0155;

DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 22-1994, f. & cert. ef. 10-4-94; DEQ 22-1995, f. & cert. ef.

10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 14-1999, f. &

cert. of 10-14-99, Renumbered from 340-028-1720; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 4-

2002, f & cert. ef. 3-14-02; DEQ 7-2007, f. & cert. ef. 10-18-07; DEQ 8-2007, f. & cert. of 11-8-07;

DEQ 15-2008, f. & cert. ef 12-31-08; DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 9-2009(Temp), f. 12-

24-09, cert. ef. 1-1-10 thru 6-30-10; Administrative correction 7-27-10; DEQ 10-2010(Temp), f. 8-31-

10, cert. of 9-1-10 thru 2.28 . 11

DIVISION 216

OAR 340-216-0020

AIR CONTAMINANT DISCI-IARGE PERMITS
Attachment 3.2, page 4

Table 1

Part A: Activities and Sources

The following commercial and industrial sources must obtain a Basic ACDP under the procedures

set forth in 340-216-0056 unless the source is required to obtain a different form of ACDP by Part

B or C hereof: (Production and emission parameters are based on the latest consecutive 12 month

period, or future projected operation, whichever is higher. Emission cutoffs are based on actual

emissions.)

1. ** Autobody Repair or Painting Shops painting more than 25 automobiles in a year.

2. Concrete . Manufacturing including Redimix and CTB more than 5,000 but less than 25,000

cubic yards per year output.

3. Crematory and Pathological Waste Incinerators with less than 20 tons/yr. material input.

4. Natural gas and propane fired boilers (with or without #2 diesel oil back-up ) of 10 or

more MMBTU but less than 30 MMBTU/hr heat input constructed after June 9, 1989.

5. Prepared feeds for animals and fowl and associated grain elevators more than 1,000

tons/yr. but less than 10,000 tons per year throughput.

6, Rock, Concrete or Asphalt Crushing both portable and stationary more than 5,000 tons/yr.

but less than 25,000 tons/yr. crushed.

7. Surface coating operations whose actual or expected usage of coating materials is greater

than 250 gallons per month, excluding sources that exclusively use non-VOC and non-HAP

containing coatings (e.g. powder coating operations).

Part B Activities and Sources

The following commercial and industrial sources must obtain either:

• a General ACDP, if one is available for the source classification and the source qualifies for a

General ACDP under the procedures set forth in 340-216-0060;

• a Simple ACDP under the procedures set forth in 340-216-0064; or

• a Standard ACDP under the procedures set forth in 340-216-0066 if the source fits one of

the criteria of Part C hereof.

1. Aerospace or Aerospace Parts Manufacturing

2. Aluminum, Copper, and Other Nonferrous Foundries subject to an Area Source NESHAP

3. Aluminum Production - Primary

4. Ammonia Manufacturing

5. Animal Rendering and Animal Reduction Facilities

6. Asphalt Blowing Plants

7. Asphalt Felts or Coating

8. Asphaltic Concrete Paving Plants both stationary and portable

9. Bakeries, Commercial over 10 tons of VOC emissions per year

10. Battery Separator Manufacturing

11. Battery Manufacturing and Re-manufacturing

12. Beet Sugar Manufacturing

13. Boilers and other Fuel Burning Equipment over 10 MMBTU/hr. heat input, except exclusively

Natural Gas and Propane fired units (with or without #2 diesel backup) under 30 MMBTU/hr.

heat input

14. Building paper and Buildingboard Mills

15. Calcium Carbide Manufacturing

16. ** * Can or Drum Coating

17. Cement Manufacturing

18. * Cereal Preparations and Associated Grain Elevators 10,000 or more tons/yr. throughput

19. Charcoal Manufacturing

20. Chlorine and Alkalies Manufacturing

21. Chrome Plating

22. Clay Ceramics Manufacturing subject to an Area Source NESHAP

23. Coffee Roasting (roasting 30 or more tons per year)
Attachment 3.2, page 5

24. Concrete Manufacturing including Redimix and CTB 25,000 or more cubic yards per year

output

25. Crematory and Pathological Waste Incinerators 20 or more tons/yr. material input

266. Degreasers (halogenated solvents subject to a NESHAP)

27. Electrical Power Generation from combustion, {excluding units used exclusively as

emergency generators and units less than 500 kW)-

28. Commercial Ethylene Oxide Sterilization, excluding facilities using less than 1 ton of

ethylene oxide within all consecutive 12-month periods after December 6, 1996

29. Ferroalloy Production Facilities subject to an Area Source NESHAP

30. *** Flatwood Coating regulated by Division 232

31. *** Flexographic or Rotogravure Printing subject to RACT

32. * Flour, Blended and/or Prepared and Associated Grain Elevators 10,000 or more tons/yr.

throughput

33. Galvanizing and Pipe Coating (except galvanizing operations that use less than 100 tons of

zinc/yr.)

34. Gasoline Bulk Plants, Bulk Terminals, and Pipeline Facilities

35. Gasoline dispensing facilities, excluding gasoline dispensing facilities with excl-ue-i-ve4y

tanks, provid- : - - .. ' - - . . monthly throughput of less

than 10,000 gallons of gasoline per month--a-nd--decs not sell gasoline for use in motor

veh-ieles

36. Glass and Glass Container Manufacturing

37. * Grain Elevators used for intermediate storage 10,000 or more tons/yr. throughput

38. Grain terminal elevators

39. Gray iron and steel foundries, malleable iron foundries, steel investment foundries, steel

foundries 100 or more tons/yr. metal charged (not elsewhere identified)

40. Gypsum Products Manufacturing

41. Hardboard Manufacturing (including fiberboard)

42. Hospital sterilization operations subject to an Area Source NESHAP.

43. Incinerators with two or more ton per day capacity

44. Lime Manufacturing

45. *** Liquid Storage Tanks subject to OAR Division 232

46. Magnetic Tape'Manufacturing

47. Manufactured and Mobile Home Manufacturing

48. Marine Vessel Petroleum Loading and Unloading

49. Metal Fabrication and Finishing Operations subject to an Area Source NESHAP, excludinq

facilities that meet all the following;

a. Do not perform any of the operations listed in OAR 340-216-0060(2)(b)(Y)(i) and -4----

(ili);

b. Do not perform sh fielded metal arc welding (SMAW) using,metal=fabrication and

finishing hazardous air pollutant (MFHAP) containing wire or rod; and

c. Use less than 100 pounds of MFHAP containing welding wire and rod per year

50. Millwork (including kitchen cabinets and structural wood members) 25,000 or more bd.

ft./maximum 8 hr. input

51. Molded Container

52. Motor Coach Manufacturing

53. Motor Vehicle and Mobile Equipment Surface Coating Operations subject to an Area Source

NESHAP, excluding motor vehicle surface coating operations painting less than 10 vehicles

per year or using less than 20 gallons of coating per year and motor vehicle surface coating

operations registered pursuant to OAR 340-210-0100(2)

54. Natural Gas and Oil Production and Processing and associated fuel burning equipment

55. Nitric Acid Manufacturing

56. Non-Ferrous Metal Foundries 100 or more tons/yr. of metal charged
Attachment 3.2, page 6

57. Organic or Inorganic Chemical Manufacturing and Distribution with 1/2 or more tons per year

emissions of any one criteria pollutant (sources in this category with less than 1⁄2 ton/yr. of

each criteria pollutant are not required to have an ACDP)

58. Paint and Allied Products Manufacturing subject to an Area Source NESHAP

598. Paint Stripping and Miscellaneous Surface Coating Operations subject to an Area Source

NESHAP

6059. *** Paper or other Substrate Coating

610. Particleboard Manufacturing (including strandboard, flakeboard, and waferboard)

621. Perchloroethylene Dry Cleaning Operations subject to an Area Source NESHAP, excluding

perchloroethylene dry cleaning operations registered pursuant to OAR 340-210-0100(2)

632. Pesticide Manufacturing 5,000 or more tons/yr. annual production

643. Petroleum Refining and Re-refining of Lubricating Oils and Greases including Asphalt

Production by Distillation and the reprocessing of oils and/or solvents for fuels

654. Plating and Polishing Operations subject to an Area Source NESHAP

665. Plywood Manufacturing and/or Veneer Drying

676. Prepared Weeds Manufacturing for animals and fowl and associated grain elevators 10,000

or more tons per year throughput

687. Primary Smelting and/or Refining of Ferrous and Non-Ferrous Metals

698. Pulp, Paper and Paperboard Mills

7069. Rock, Concrete or Asphalt Crushing both portable and stationary 25,000 or more tons/yr.

crushed

719. Sawmills and/or Planing Mills 25,000 or more bcl, ft./maximum 8 hr. finished product

721. Secondary Nonferrous Metals Processing subject to an Area Source NESHAP

732. Secondary Smelting and/or Refining of Ferrous and Non-Ferrous Metals

743. * Seed Cleaning and Associated Grain Elevators 5,000 or more tons/yr. throughput

754. Sewage Treatment Facilities employing internal combustion for digester gasses

765. Soil Remediation Facilities stationary or portable

776. Steel Works, Rolling and Finishing Mills

78^. *** Surface Coating in Manufacturing subject to RACT

798. Surface Coating Operations with actual emissions of VOCs before add on controls of 10 or

more tons/yr.

807-9. Synthetic Resin Manufacturing

810. Tire Manufacturing

821. Wood Furniture and Fixtures 25,000 or more bd. ft./maximum 8 hr. input

833. Wood Preserving (excluding waterborne)

843. All Other Sources not listed herein that the Department determines an air quality concern

exists or one which would emit significant malodorous emissions

854. All Other Sources not listed herein which would have actual emissions, if the source were

to operate uncontrolled, of 5 or more tons a year of PM10 if located in a PM10 nonattainment or maintenance area, or 10 or more tons of any single criteria pollutant in any

part of the state

Part C: Activities and Sources

The following sources must obtain a Standard ACDP under the procedures set forth in 340-

216-0066:

1. Incinerators for PCBs and / or other hazardous wastes

2. All Sources that the Department determines have emissions that constitute a nuisance

3. All Sources electing to maintain the source's baseline emission rate, or netting basis

4. All Sources subject to a RACT, BACT, LAER, NESHAP adopted in OAR 340-244-0220, NSPS,

State MACT, or other significant Air Quality regulation(s), except:

a. Source categories for which a General ACDP has been issued.

b. Sources with less than 10 tons/yr. actual emissions that are subject to RACT, NSPS

or a NESHAP adopted in OAR 340-244-0220 which qualify for a Simple ACDP.

c. Sources registered pursuant to OAR 340-210-0100(2).
Attachment 3.2, page 7

d. Electrical power generation units used exclusively as emergency generators and units

less than 500 kW.

e. Gasoline dispensing facilitiesexel-u-s-ivcly above ground tanks, provided the

gasoline dispensing facility has monthly throughput of less than 10,000 gallons of

gasoline per month . . ;r vehicles

f. Motor vehicle surface coating operations painting less than 10 vehicles per year or

using less than 20 gallons of coating per year.

g. Commercial ethylene oxide sterilization operations using less than 1 ton of ethylene

oxide within all consecutive 12-month periods after December 6, 1996.

h. Metal fabrication and finishing operations that meet all the following:

A. Do not perform any of the operations listed in OAR 340 . 216-0060(2)(b)(Y)(i). ..

and (iii);

B. Do not perform shielded metal arc welding (SMAW) using metal fabrication ,

and finishing hazardous air pollutant (MFHAP) containing wire or rod; and

C.Use less than100poundsofMFHAP containing weldingwire and rodperyear

5. All Sources having the Potential to Emit more than 100 tons of any regulated air

contaminant in a year

6. All Sources having the Potential to Emit more than 10 tons of a single hazardous air

pollutant in a year

7. All Sources having the Potential to Emit more than 25 tons of all hazardous air pollutants

combined in a year

Fl

1'

4

Notes:

* Applies only to Special Control Areas

** Portland AQMA only

*** Portland AQMA, Medford-Ashland AQMA or Salem SKATS only

**** "back-up" means less than 10,000 gallons of fuel per year

Table 2

Part 1. Initial Permitting Application Fees: (in addition to first annual fee)

a. Short Term Activity ACDP

b. Basic ACDP

c. Assignment to General ACDP

d. Simple ACDP

e. Construction ACDP

f. Standard ACDP

g. Standard ACDP (PSD/NSR)

(A). Fee Class One

(B) Fee Class Two

(C) Fee Class Three

(D) Fee Class Four

$NA4,

$360.00

$720.001

$1,296.00

$1•,872.00

$360.00

$3,000.00

$120.00

$1,200,00

$6,000.00

$9,600.00

$12,000.00

$42,000.00

*DEQ may waive the assignment fee for a^,existing source requesting to be assigned to - a --- eneral

- G

ACDP because the source is subject to a,newly_adopted area source_NESHAP as iong_as_the,existing

requests assignment within 90 days of notification by DEQ. L -source '•

Part 2. Annual Fees: (Due date 12/1* for 1/1 to 12/31 of the following year)

a. Short Term Activity ACDP .

b. Basic ACDP
Attachment 3.2, page 8

(E) Fee Class Five $120.00

(F) Fee Class Six $240.00

(A) Low Fee $1,920.00

(B) High Fee $3,840.00

$7,680.00

may be extended by the Department until March 1st.

Part 3. Specific Activity Fees:

a Non-Technical Permit Modification (1)

b. Non-PSD/NSR Basic Technical Permit Modification (2)

c. Non-PSD/NSR Simple Technical Permit Modification(3)

d. Non-PSD/NSR Moderate Technical Permit Modification (4)

e. Non-PSD/NSR Complex Technical Permit Modification (5)

f. PSD/NSR Modification

g. Modeling Review (outside PSD/NSR)

h. Public Hearing at Source's Request

f, State MALT Determination

j. Compliance Order Monitoring (6)

k. Greenhouse Gas Reporting, as required by OAR 340-215-

Part 4. Late Fees:

a. 8-30 days late 5%

b. 31-60 days late 10%

c. 61 or more days late 20%

1. Non-Technical modifications include, but are not limited to name changes, change of

ownership and similar administrative changes. For gasoline dispensing facilities, a portion of

these fees will be used to cover the fees required for changes of ownership in OAR 340-150-

0052(4).

2. Basic Technical Modifications include, but are not limited to corrections of emission factors

in compliance methods, changing source test dates for extenuating circumstances, and

similar changes.

3. Simple Technical Modifications include, but are not limited to, incorporating a PSEL

compliance method from a review report into an ACDP, modifying a compliance method to

use different emission factors or process parameter, changing source test dates for

extenuating circumstances, changing reporting frequency, incorporating NSPS and NESHAP

requirements that do not require judgment, and similar changes.

4. Moderate Technical Modifications include, but are not limited to incorporating a relatively

simple new compliance method into a permit, adding a relatively simple compliance method

or monitoring for an emission point or control device not previously addressed in a permit,

revising monitoring and reporting requirements other than dates and frequency, adding a

new applicable requirement into a permit due to a change in process or change in rules and

that does not require judgment by the Department, incorporating NSPS and NESHAP

requirements that do not require judgment, and similar changes.

d. Simple ACDP

e. Standard ACDP

*The a ment due date ,^G„ s cs an rnve+ce for 9d C eaners or G soline

Dd,ispensing. _-F cilities_that_combines fcc__from-o-t e_--Div_isions_on , a s_i_nglc_invoicc thc_pay-T-etrit duc__

$360.00

$360.00

$1,200.00

$6,000.00

$12,000.00

$42,000.00

$6,000.00

$2,400.00

$6,000...00

$120.00/month

15% of the applicable

annual fee in Part 2
Attachment 3.2, page 9

5. Complex Technical Modifications include, but are not limited to incorporating a relatively

complex new compliance method into a permit, adding a relatively complex compliance

method or monitoring for an emission point or control devise not previously addressed in a

permit, adding a relatively complex new applicable requirement 'into a permit due to a

change in process or change in rules and that requires judgment by the Department, and

similar changes.

6, This is a one time fee payable when a Compliance Order is established in a Permit or a

Department Order containing a compliance schedule becomes a Final Order of the

Department and is based on the number of months the Department will have to oversee the

Order.

340-216-0060

General Air Contaminant Discharge Permits

(1) Applicability.

(a) The Department may issue a General ACDP under the following circumstances:

(A) There are several sources that involve the same or substantially similar types of operations;

(B) All requirements applicable to the covered operations can be contained in a General ACDP;

(C) The emission limitations, monitoring, recordkeeping, reporting and other enforceable conditions are

the same for all operations covered by the General ACDP; and

(D) The pollutants emitted are of the same type for rall covered operations.

(b) Permit content. Each General ACDP must include the following:

(A) All relevant requirements for the operations covered by the General ACDP;

(B) Generic PSELs for all pollutants emitted at more than the deminimis level in accordance with OAR

340, division 222;

(C) Testing, monitoring, recordkeeping, and reporting requirements necessary to ensure compliance with

the PSEL and other applicable emissions limits and standards; and

(D) A permit expiration date not to exceed 10 years from the date of issuance.

(c) Permit issuance procedures: A new General ACDP requires public notice and opportunity for

comment in accordance with OAR 340 division 209 for Category III permit actions. A reissued General

ACDP or a modification to a General ACDP requires public notice and opportunity for comment in

accordance with OAR 340 division 209 for Category II permit actions. All General ACDPs are on file

and available for review at the Department's headquarters.

(2) Source assignment:

(a) Application requirements. Any person requesting that a source be assigned to a General ACDP must

submit a written application in accordance with OAR 340-216-0040 that includes the information in

OAR 340-216-0040(1), specifies the General ACDP source category, and shows that the source

qualifies for the General ACDP.

(b) Fees. Applicants must pay the fees set forth in Table 2 of OAR 340-216-0020. The fee class for each

General ACDP is as follows:

(A) Hard chrome platers -- Fee Class Three;

(B) Decorative chrome platers -- Fee Class Two;

(C) Halogenated solvent degreasers -- batch cold Fee Class Two;

(D) Halogenated solvent degreasers -- batch vapor and in-line -- Fee Class Two;

(E) Halogenated solvent degreasers -- batch cold, batch vapor, and in-line -- Fee Class Two;

(F) Perchloroethylene dry cleaners -- Fee Class Six;

(G) Asphalt plants -- Fee Class Three;

(H) Rock crushers -- Fee Class Two;

(I) Ready-mix concrete -- Fee Class One;

(J) Sawmills, planing mills, millwork, plywood manufacturing and veneer drying -- Fee Class Three;
Attachment 3.2, page 10

(K) Boilers -- Fee Class Two;

(L) Crematories -- Fee Class Two;

(M) Grain elevators -- Fee Class One;

(N) Prepared feeds, flour, and cereal -- Fee Class One;

(0) Seed cleaning -- Fee Class One;

(P) Coffee roasters -- Fee Class One;

(Q) Bulk gasoline plants -- Fee Class One;

(R) Electric power generators -- Fee Class Two;

(S) Clay ceramics -- Fee Class One;

(T) Hospital sterilizers -- Fee Class Four;

(U) Secondary nonferrous metals -- Fee Class One;

(V) Gasoline dispensing facilities -- stage I -- Fee Class Five;

(W) Gasoline dispensing facilities -- stage II -- Fee Class Four;

(X) Wood preserving -- Fee Class Four;

(Y) Metal fabrication and finishing -- with two or more of the following operations -- Fee Class Two;

Li)Dry abrasive blasting_performed in a vented enclosure or of objects greater than 8 feet (2.4 meters) n , _

any one dimension that uses materials that contain HAP or has the potential to emit MFHAP

(ii) Spray-applied painting operation using MFHAP containing_paints;

(iii) Welding operation that uses materials that contain MFHAP or has the potential to emit MFHAP and

uses 2 000 sounds or more ier ear of MFHAP containing weldin wire and rod calculated on a rollin

12-month basis);

(Z) Metal fabrication and finishin -- with onl one of the o erations listed in sub ara ra hs

(2)(b)(Y)(i) through (iii) of this rule-- Fee Class One:

AAB13- Metal fabrication and finishin -- with none of the operations listed in sub ara ra hs

(2)(b)(Y)(i) through (iii) of this rule -- Fee Class Four;

(BBZ) Plating and polishing -- Fee Class One;

(CCAA) Surface coating operations -- Fee Class One;

(DDBB) Paint stripping -- Fee Class One;

(EEDD) Aluminum, copper, and nonferrous foundries -- Fee Class Two;

(FF) Paints and allied products manufacturing -- Fee Class Two;

(GLEE) Any General ACDP not listed above -- Fee Class One.

(c) Source assignment procedures:

(A) Assignment of a source to a General ACDP is a Category I permit action and is subject to the

Category I public notice requirements in accordance with OAR 340, division 209.

(B) A person is not a permittee under the General ACDP until the Department assigns the General

ACDP to the person.

(C) Assignments to General ACDPs and attachment(s) terminate when the General ACDP or attachment

expires or is modified, terminated or revoked.

(D) Once a source has been assigned to a General ACDP, if the assigned General ACDP does not cover

all requirements applicable to the source, the other applicable requirements must be covered by

assignment to one or more General ACDP Attachments in accordance with OAR 340-216-0062,

otherwise the source must obtain a Simple or Standard ACDP.

(E) A source requesting to be assigned to a General ACDP Attachment, in accordance with OAR 340-

216-0062, for a source category in a higher annual fee class than the General ACDP the source is

currently assigned to, must be reassigned to the General ACDP for the source category in the higher

annual fee class.
Attachment 3.2, page I1

(3) Department Initiated Modification. If the Department determines that the conditions have changed

such that a General ACDP for a category needs to be modified, the Department may issue a new General

ACDP for that category and assign all existing General ACDP permit holders to the new General

ACDP.

(4) Rescission. In addition to OAR 340-216-0082 (Termination or Revocation of an ACDP), the

Department may rescind an individual source's assignment to a General ACDP if the source no longer

meets the requirements of this rule or the conditions of the permit, including, but not limited to a source

having an ongoing, reoccurring or serious compliance problem. Upon rescinding a source's assignment

to a General ACDP the Department will place the source on a Simple or Standard ACDP. The

Department may also revoke a General ACDP or attachment or both if conditions, standards or rules

have changed so the permit or attachment no longer meets the requirements of this rule.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by

the EQC under OAR 340-200-0040.

. [ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 468 & 468A

Stats. Implemented: ORS 468.020 & 468A.025

Hist.: DEQ 14-1998, f. & cert. ef: 9-14-98; DEQ 14-1999, f: & cert. ef. 10-14-99, Renumbered from

340-028-1725; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 10-2001, f. & cert. ef. 8-30-01; DEQ 4-

2002, f. & cert. ef. 3-14-02; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 8-2007, f. & cert. ef. 11-8-07;

DEQ 15-2008, f. & cert. ef 12-31-08; DEQ 8-2009, f. & cert. ef. 12-16-09

340-216-0064

Simple ACDP

(1) Applicability.

(a) Sources and activities listed in Table 1, Part B of OAR 340-216-0020 that do not qualify for a

General ACDP and are not required to obtain a Standard ACDP must, at a minimum, obtain a Simple

ACDP.

(b) Any source required to obtain a Simple ACDP may obtain a Standard ACDP.

(c) The Department may determine that a source is ineligible for a Simple ACDP and must obtain a

Standard ACDP based upon, but not limited to, the following considerations:

(A) The nature, extent, and toxicity of the source's emissions;

(B) The complexity of the source and the rules applicable to that source;

(C) The complexity of the emission controls and potential threat to human health and the environment if

the emission controls fail;

(D) The location of the source; and

(E) The compliance history of the source.

(2) Application Requirements. Any person requesting a new, modified, or renewed Simple ACDP must

submit an application in accordance with OAR 340-216-0040.

(3) Fees. Applicants for a new; or modified, or renewed Simple ACDP must pay the fees set forth in

Table 2 of 340-216-0020. Annual fees for Simple ACDPs will be assessed based on the following:

(a) Low Fee -- A Source may qualify for the Low Fee if:

(A) the source is, or will be, permitted under only one of the following categories from OAR 340216-

0020 Table 1, Part B (category 25. Electric Power Generation, may be included with any category listed

below):

(i) Category 7. Asphalt felt and coatings;

(ii) Category 13. Boilers and other fuel burning equipment;

(iii) Category 33. Galvanizing & Pipe coating;
Attachment 3.2, page 12

(iv.) Category 39. Gray iron and steel foundries, malleable iron foundries, steel investment foundries,

steel foundries 100 or more tons/yr. metal charged (not elsewhere identified);

(v) Category 40. Gypsum products;

(vi) Category 45. Liquid Storage Tanks subject to OAR Division 232;

(vii) Category 56. Non-Ferrous Metal Foundries 100 or more tons/yr. of metal charged;

(viii) Category 57. Organic or Inorganic Industrial Chemical Manufacturing;

(ix) Category 624-. Perchloroethylene Dry Cleaning;

(x) Category 732. Secondary Smelting and/or Refining of Ferrous and Non-Ferrous Metals; or

(xi) Category 554. All Other Sources not listed in Table 1 which would have actual emissions, if the

source were to operate uncontrolled, of 5 or more tons a year of PM10 if located in a PM 10 nonattainment or maintenance area, or 10 or more tons of any single criteria pollutant in any part of the

state; and

(B) The actual emissions from the 12 months immediately preceding the invoice date, and future

projected emissions are less than 5 tons/yr. PM10 in a PM10 nonattainment or maintenance area, and less

than 10 tons/yr. for each criteria pollutant; and

(C) The source is not considered an air quality problem or nuisance source by the Department.

(b) High Fee -- Any source required to have a Simple ACDP (OAR 340-216-0020 Table 1 Part B) that

does not qualify for the Low Fee will be assessed the High Fee.

(c) If the Department determines that a source was invoiced for the Low Annual Fee but does not meet

the Low Fee criteria outlined above, the source will be required to pay the difference between the Low

and High Fees, plus applicable late fees in accordance with OAR 340-216-0020 Table 2. Late fees start

upon issuance of the initial invoice. In this case, the Department will issue a new invoice specifying

applicable fees.

(4) Permit Content.

(a) All relevant applicable requirements for source operation, including general ACDP conditions for

incorporating generally applicable requirements;

(b) Generic PSELs for all pollutants emitted at more than the deminimis level in accordance with OAR

340 division 222;

(c) Testing, monitoring, recordkeeping, and reporting requirements sufficient to determine compliance

with the PSEL and other emission limits and standards, as necessary; and

(d) A permit duration not to exceed 5 years

(5) Permit issuance procedures:

(a) Issuance of a new or renewed Simple ACDP requires public notice in accordance with OAR 340

division 209 for Category II permit actions.

(b) Issuance of a modification to a Simple ACDP requires one of the following procedures, as

applicable:

(A) Non-technical and non-NSR/PSD Basic and Simple technical modifications require public notice in

accordance with OAR 340, division 209 for Category I permit actions; or

(B) Issuance of non-NSRIPSD Moderate and Complex technical modifications require public notice in

accordance with OAR 340 division 209 for Category II permit actions.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 468.020

Slats. Implemented: ORS 468A

Hist.: DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 4-2002, f. & cert. ef. 3-14-02; DEQ 8-2009, f. &

cert. ef. 12-16-09

DIVISION 230
Attachment 3.2, page 13

INCINERATOR REGULATIONS

340-230-0030

Definitions

The definitions in OAR 340-200-0020, 340-238-0040 and this rule apply to this division. If the same

term is defined in this rule and 340-200-0020 or 340-238-0040, the definition in this rule applies to this

division. Applicable definitions have the same meaning as those provided in 40 CFR 60.51c including,

but not limited to:

(1) "Acid Gases" means any exhaust gas that includes hydrogen chloride and sulfur dioxide.

(2) "Air curtain incinerator" means an incinerator that operates by forcefully projecting a curtain of air

across an open chamber or pit in which combustion occurs. Incinerators of that type can be constructed

above or below ground and with or without refractory walls and floor.

{-3- n . die

200 0020.

(34) "CFR" means Code of Federal Regulations and, unless otherwise expressly identified, refers to the

July 1, 201004 edition.

(5) "Chemoth- - • . - ' - _ , . . _.:.

- .

anti+ieoplastic agents used-fe-r-theisurp ose of stopping--erF - _ • • _ -

(6) "Co fired combustor" means a u -: _ - ., .. -- - . -

other fuels or wastes (e.g., coal, municipal solid wa - --ent

• ' : combusting a fuel feed stream, 10 percent of less ofthe weight of which is

compri; : - : :' . ..- d medical/infectious waste as measured on a calemlaf

- - • : - . - • ' on, pathological waste, chemotherapeutic -waste, and low level

radioa - • - ": - " - - ... lating the percentage of hospital waste and

medieal in-feef waste combusted:

(47) "Commercial and industrial solid waste incineration unit (CISWI) means any combustion device

that combusts commercial and industrial waste, as defined in this subpart. The boundaries of a CISWI

unit are defined as, but not limited to the commercial or industrial solid waste fuel feed system, grate

system, flue gas system, and bottom ash. The CISWI unit does not include air pollution control

equipment or the stack. The CISWI unit boundary starts at the commercial and industrial solid waste

hopper (if applicable) and extends through two areas:

(a) The combustion unit flue gas system, which ends immediately after the last combustion chamber.

(b) The combustion unit bottom ash system, which ends at the truck loading station or similar equipment

that transfers the ash to final disposal. It includes all ash handling systems connected to the bottom ash

handling system.

(58) "Commercial and industrial waste" means solid waste combusted in an enclosed device using

controlled flame combustion without energy recovery that is a distinct operating unit of any commercial

or industrial facility_(including field-erected, modular, and custom built incineration units operating with

starved or excess air), or solid waste combusted in an air curtain incinerator without energy recovery

that is a distinct operating unit of any commercial or industrial facility.

(69) "Continuous Emission Monitoring (CEM)" means a monitoring system for continuously measuring

the emissions of a pollutant from an affected incinerator. Continuous monitoring equipment and

operation must be certified in accordance with EPA performance specifications and quality assurance

procedures outlined in 40 CFR 60, Appendices B and F, and the Department's CEM Manual.

(71-0) "Crematory Incinerator" means an incinerator used solely for the cremation of human and animal

bodies.

" _ " ins the.-Pepa e-niti f nvironme tal-Quality.
Attachment 3.2, page 14

(812) "Dry Standard Cubic Foot" means the amount of gas that would occupy a volume of one cubic

foot, if the gas were free of uncombined water at standard conditions. When applied to combustion flue

gases from waste or refuse burning, "Standard Cubic Foot (SCF)" implies adjustment of gas volume to

that which would result at a concentration of seven percent oxygen or 50 percent excess air.

her : ellutant or any air contaminant,

(9-14) "Fluidized bed combustion unit" means a unit where municipal waste is combusted in a fluidized

bed of material. The fluidized bed material may remain in the primary combustion zone or may be

carried out of the primary combustion zone and returned through a recirculation loop.

ical staff, maintains at-least six inpatient

beds, and where the pr • : .. • : • - ution is to provide diagnostic and therapeutic patient

services and continuous nursing care primarily to human inpaticnty re not related and who stay on

the sole purpos :

acutely ill but w erision.

(16) "Hoapital/medicallinfectious waste incinerator" or HMIWI means any device that combusts any

n patients who generally are not

for interment or cremation.

(108) "Incinerator" means any structure or furnace in which combustion takes place, the primary

purpose of which is the reduction in volume and weight of unwanted material.

(19) "Inf- „ •- -- • . .. emg

dommunicated by invasion and multiplication in body-tissues-and-capable of causing disease or adverse

health impacts in humans.

(1120) "Infectious Waste" means waste as defined in ORS Chapter 763, Oregon Laws 1989, that

contains or may contain any disease producing microorganism or material, and includes, but is not

limited to the following:

(a) "Biological waste", which includes blood and blood products, and body fluids that cannot be directly

discarded into a municipal sewer system, and waste materials saturated with blood or body fluids, but

does not include soiled diapers; .

(b) "Cultures and stocks", which includes etiologic agents and associated biologicals; including

specimen cultures and dishes, devices used to transfer, inoculate and mix cultures, wastes from

production of biologicals, and serums and discarded live and attenuated vaccines. "Cultures" does not

include throat and urine cultures;

(c) "Pathological waste", which includes biopsy materials and all human tissues, anatomical parts that

emanate from surgery, obstetrical procedures, autopsy and laboratory procedures and animal carcasses

exposed to pathogens in research and the bedding and other waste from such animals. "Pathological

wastes" does not include teeth or formaldehyde or other preservative agents;

(d) "Sharps", which includes needles, IV tubing with needles attached, scalpel blades, lancets, glass

tubes that could be broken during handling and syringes that have been removed from their original

sterile containers.

(124-) "Infectious Waste Facility" or "Infectious Waste Incinerator" means an incinerator that is operated

or utilized for the disposal or treatment of infectious waste, including combustion for the recovery of

heat, and which utilizes high temperature thermal destruction technologies.

e nclude human -corpses, remains and anatomical parts intended

• o

9-pounds per hour; or

HMIWI whose maximum charge rate is more than 500 pounds per hour;
Attachment 3.2, page 15

(c) A batch HM

! ^ h^° W AV1^w l1o ng-afe-iiflt largeJzzMJW

(A)AEentinue-us or intermittent I IWT-hose maximum c

pounds-per hour; or

(B) A ba

p -aril-ybcta or gamma ra

or state standards for unrestricted release. Low level-radioactive waste is not high-level rave

ear fuel, or by product material as defined by the Atomic Energy Act of 1951 (42

U.S.C. ')011(e)(2)).

(1324) "Mass burn refractory municipal waste combustion unit" means a field-erected municipal waste

combustion unit that combusts municipal solid waste in a refractory wall furnace. Unless otherwise

specified, that includes municipal waste combustion units with a cylindrical rotary refractory wall

furnace.

(1425) "Mass burn rotary waterwall municipal waste combustion unit" means a field-erected municipal

waste combustion unit that combusts municipal solid waste in a cylindrical rotary waterwall furnace.

(152-6) "Mass burn waterwall municipal waste combustion unit" means a field-erected municipal waste

combustion unit that combusts municipal solid waste in a waterwall furnace.

household waste-as-defned4n Subsection 261.1(b)(l) of C

removed during s

eentainers;

(c) Human blood and blood products including:

(A) -Liqu id waste human blood;

(B) Products of blood;

(C) Items saturated-and/or dripping-with human blood; or

(D) Items that were saturated and/or dripping with human blood that are now caked with dried human

blood; including sertu plasm^, and other bloo components, and th

pharmae u

(d)-harps that have b

industrial lab

1,d °bxoed vials, needles with attached tubing, and cult

irfe uch as used slides and cover slips;

nere- han-4,000 peands per dad

han er equal to-5-09

'cal, research, or

41 or witheu

of prca

Bless

that
Attachment 3.2, page 16

¢e) Animal vastc including-contaminated animal carcasses, body parts and bedding of animals that were

1 : - ° :esed to infectious agents during r- Wing-re-search in veterinary

hospitals), o:. : . : esting of pharmaceuticals;

teIZ-V Yi"Lrrblood,

in highly

e--meted with highly communicable diseases;

dies, suture

--MM

but less than or equal to 500 pounds per-4teur;-or

(c) A h.,

equal-to 4,000 pounce

(d)-The following are not medium HMIWI:

(A) A continuous or int ,

pounds per hour or more than 500 pounds per hour; or

ens-than-orequal to 1,600 pounds per day.

(29) "Modification or modified hospital/medical/infectious waste incinerator" means any change to a

HMIWI unit such that:

(a) The-cumulativ

cost of the construction and installation of the unit (not including the cost of any land purchased in

0 .

under Section 12.9 or Section 111.

(1630) "Modular excess-air municipal waste combustion unit" means a municipal waste combustion unit

that combusts municipal solid waste, is not field-erected, and has multiple combustion chambers, all of

which are designed to operate at conditions with combustion air amounts in excess of theoretical air

requirements.

(1734) "Modular starved-air municipal waste combustion unit" means a municipal waste combustion

unit that combusts municipal solid waste, is not field-erected, and has multiple combustion chambers in

which the primary combustion chamber is designed to operate at substoichiometric conditions.

(1832) "Municipal waste combustor plant" means one or more municipal waste combustor units at the

same location,

(1933) "Municipal waste combustor plant capacity" means the aggregate municipal waste combustor

unit capacity of all municipal waste combustor units at a municipal waste combustor plant for which

construction was commenced on or before September 20, 1994.

4 " • . -- . -- .. s by volume-on a

dry gas basis (1 ppm equals 0.0001 percent by volume).

aste" mans waste material consisting of only human or animal remains, anatomical

bedd ing -(-if-appl icable).

(36)"

public and municipal corporations, political subdivisio

federa s _ -cies thereof.

r day but-less than or

e-200

. A., woo-
Attachment 3.2, page 17

f (2037) "Primary Combustion Chamber" means the discrete equipment, chamber or space in which

drying of the waste, pyrolysis, and essentially the burning of the fixed carbon in the waste occurs.

(2135) "Pyrolysis" means the endothermic gasification of waste material using external energy.

2239) "Refuse-derived fuel" means a type of municipal solid waste produced by processing municipal

solid waste through shredding and size classification. That includes all classes of refuse-derived fuel

including two fuels:

(a) Low-density fluff refuse-derived fuel through densified refuse-derived fuel.

(b) Pelletized refuse-derived fuel.

(2340) "Secondary" or "Final Combustion Chamber" means the discrete equipment, chamber, or space

in which the products of pyrolysis are combusted in the presence of excess air such that essentially all

carbon is burned to carbon dioxide.

(41) "Small hospital/in

(B), means:

(a) A HMIWI whose maximum design

hour; or

peunds-per hour; or

(c) A batch HMIWI whose ma ' - ' .. 00. - . .

(d) Th° f ' are not small HMIWI:

(A)--A-continuous or intermittent NMIDW4-whose maximum charge rate is more, 00-pounds--pe

hour;

(2412) "Solid Waste" means refuse, more than 50 percent of which is waste consisting of a mixture of

paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustible materials, and

noncombustible materials such as metal, glass, and rock.

(2513) "Solid Waste Facility" or "Solid Waste Incinerator" means an incinerator that is operated or

utilized for the disposal or treatment of solid waste including combustion for the recovery of heat, and

that utilizes high temperature thermal destruction technologies.

(2644) "Spreader stoker, mixed fuel-fired (coal/refuse-derived fuel) combustion unit" means a municipal

waste combustion unit that combusts coal and refuse-derived fuel simultaneously, in which coal is

introduced to the combustion zone by a mechanism that throws the fuel onto a grate from above.

Combustion takes place both in suspension and on the grate.

perature of 68 degree .; egrees Celsius) and a

pr-essure-of 14.7 pounds per square inch absolute (1.03 kilograms per square centimeter).

(46) "Startup/Shut , - .. - . , . . issien control

ion is terminated, respectively:

(2747) "Transmissometer" means a device that measures opacity and conforms to EPA Specification

Number 1 in 40 CFR 60, Appendix B.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183, 468 & 468A

Stats. Implemented: ORS 468A.025

Hist.: DEQ 22-1998, £ & cert. ef. 10-21-98; DEQ 9-1990, f. & cert. ef. 3-13-90; DEQ 4-1993, f. & cert.

ef. 3-10-93; DEQ 27-1996, f. & cert. ef. 12-11-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered

from 340-025-0750, 340-025-0855, 340-025-0950; DEQ 4-2003, f & cert. ef. 2-06-03; DEQ 2-2005, f.

& cert. ef. 2-10-05; DEQ 8-2007, f. & cert. ef. 11-8-07

Municipal Waste Combustors

einerator", except as provided-in-Subsection (d)(A) and

0 9100.-0 0.

r-
Attachment 3.2, page 18

340-230-0300

Applicability

(1) Applicability: OAR 340-230-0310 through 340-230-0359 apply to each municipal waste combustor

unit with a combustion capacity greater than 250 tons per day of municipal solid waste for which

construction was commenced on or before September 20, 1994.

or before S

3110 238 0060.

Eh) MWC subject to OAR 340-230-0300 through 340-230-0350 are not subject to the incinerator rules in

340-230-0100 through 340-230-0150.

(2) Exemptions:

(a) Any municipal waste combustion unit that is capable of combusting more than 250 tons per day of

municipal solid waste and is subject to a federally enforceable permit limiting the maximum amount of

municipal solid waste that may be combusted in the unit to less than or equal to 11 tons per day is not

subject to this rule if the owner or operator:

(A) Notifies the Department of an exemption claim;

(B) Provides a copy of the federally enforceable permit that limits the firing of municipal solid waste to

less than 11 tons per day; and

(C) Keeps records of the amount of municipal solid waste fired on a daily basis.

(b) Physical or operational changes made to an existing municipal waste combustor unit primarily for

the purpose of complying with emission limits under these rules are not considered in determining

whether the unit is a modified or reconstructed facility under 40 CFR 60, Subparts Ea or Eb.

(c) A qualifying small power production facility, as defined in section 3(17)(C) of the Federal Power

Act (16 U.S.C. 796(17)(C)), that burns homogeneous waste (such as automotive tires or used oil, but not

including refuse-derived fuel) for the production of electric energy is not subject to these rules if the

owner or operator of the facility notifies the Department of this exemption and provides data

documenting that the facility qualifies for this exemption.

(d) A qualifying cogeneration facility, as defined in section 3(18)(B) of the Federal Power Act (16

U.S.C. 796(18)(B)), that burns homogeneous waste (such as automotive tires or used oil, but not

including refuse-derived fuel) for the production of electric energy and steam or forms of useful energy

(such as heat) that are used for industrial, commercial, heating, or cooling purposes, is not subject to

these rules if the owner or operator of the facility notifies the Department of this exemption and provides

data documenting that the facility qualifies for this exemption...

(e) Any unit combusting a single-item waste stream of tires is not subject to this rule if the owner or

operator of the unit:

(A) Notifies the Department of an exemption claim; and

(B) Provides data documenting that the unit qualifies for this exemption.

(f) Any unit required to have a permit under section 3005 of the Solid Waste Disposal Act is not subject

to these rules.

(g) Any materials recovery facility (including primary or secondary smelters) that combusts waste for

the primary purpose of recovering metals is not subject to these rules.

(h) Any cofired combustor, as defined in 40 CFR 60.51b, that meets the capacity specifications in

section. (1) of this rule is not subject to these rules if the owner or operator of the cofired combustor:

(A) Notifies the Department of an exemption claim;

(B) Provides a copy of the federally enforceable permit (specified in the definition of cofired

combustor); and

(C) Keeps a record on a calendar quarter basis of the weight of municipal solid waste combusted at the

cofired combustor and the weight of all other fuels combusted at the cofired combustor.
Attachment 3.2, page 19

(i) Pyrolysis/combustion units that are an integrated part of a plastics/rubber recycling unit (as defined in

40 CFR 60.51 b) are not subject to this rule if the owner or operator of the plastics/rubber recycling unit

keeps records of:

(A) The weight of plastics, rubber, and/or rubber tires processed on a calendar quarter basis;

(B) The weight of chemical plant feedstocks and petroleum refinery feedstocks produced and marketed

on a calendar quarter basis; and

(C) The name and address of the purchaser of the feedstocks. The combustion of gasoline, diesel fuel, jet

fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquified petroleum gas, propane, or butane

produced by chemical plants or petroleum refineries that use feedstocks produced by plastics/rubber

recycling units are not subject to these rules.

(j) Air curtain incinerators that meet the capacity specifications in subsection (a) of this section, and that

combust a fuel stream composed of 100 percent yard waste are exempt from all provisions of this

subpart except the opacity standard under OAR 340-230-0310, the testing procedures under 340-230-

0340, and the reporting and recordkeeping provisions under 340-230-0350.

(k) Air curtain incinerators that meet the capacity specifications in subsection (a) of this section and that

combust municipal solid waste other than yard waste are subject to all provisions of this subpart.

(1) Cement kilns firing municipal solid waste are not subject to this subpart.

(m) Any affected facility meeting the applicability requirements under this rule is not subject to 40 CFR

part 60 subpart E.

Stat. Auth.: ORS 468.020

Stats.Implemented: ORS 468A.025

Hist.: DEQ 27-1996, f. & cert. ef. 12-11-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from

340-025-0950; DEQ 4-2003, f. & cert. ef. 2-06-03; DEQ 15-2008, f. & cert. ef 12-31-08

1Ios„ita IMediea ineraler-s

0 A ! ! -. 3ugh310 230 0410 apply to each indi-vidual

(a) A combustor is not subject to this rule duri^ o 9vh

radioactivecombustor:

(A

(B) Keeps records on a calendar quarter basis 4-the-periods of time when only pathological-w^ - w--

1eve radi -waste and er chemotherapeutic waste is burn.

(b)-Any co fired cembasteri • . .:' • : . if the owner or--eperator of the co fired combustor:

(C)-lKeeps reee : e • ter basis of the--weight-ef4tospital waste and medical/infection.

waste combusted, and the weight of all other fin • - :. : - :.

(c) Any combustor required to have a--permit under Section 3005 of • ° .: ' !^' :: l 11 ct is not

subject to this rule;

(d) An y e rm-busto^zr -a livability requirements under Subpart Cb, Ea-er-Eb (relates to

eertain runicil} - s -- ; stors) is not subject to this rule;

340 230-0400

Applic-ability

(1) Applica

hespital/me

4-996 except as noted in section (1) of this rule.

Attachment 3.2, page 21

(e--Operator training and-qtaliiication-requipemen:

Ec;

e)( )-Compliance and-performance testin

excludi

Ec;

titian-60,53e-ef-Snipn

etion 6 part Ec;

eetien-643

'o o f

(12) and (c)(3) of Subpart

(g)-Reportingand-recordkocping ire-m - - • : t' . . 1

CFR Secti h58-e(b)-(f) e f S„r,p,,,.t

Ee excluding fagiti ve emi iens- der Scetie-n-60.58c(b)(2)(ii)and siting under Section 6038(b)(7);

(l) Permit requirements. Begi I I !, . - • . cilitics must operate pursuant to a

p

(2) Sn

hospital/medic-al/infectious

Statistical Area and which burn less than 2,000 pounds-per week of

hospitalrmed cal/infectious waste, must-comply with the-f-el-ler '

EPA approval of the State plan in lieu e€the-equirem

(a) Emission Limits:

(A)

(C) Dioxins/furans: 800 ngldscm;

(E) Sulfur dioxide: 55 ppm;

(G) Lead: 10 mg/dscm;

A . ..

(I) Mere

(b) Stack o

(c) Initial equipment insp

n r'Fn Sectio 6O.52 c(b) of c u-b-p& T7e-

-

as necessary;

per operation;

er refractory En

cration;

roper sealing;

: . :

; ; . ,

(L) For the-burn cycle that follows the inspection,-cleeument that the incinerat

(M) Inspect air-pollution con de-viee

(N) Inspee

(0) Inspect bypass stack components;

(P)fie-proper calibration of thermocouples, sorbent feed systems and any other-monitoring

equipment; and

(@)--Ce - _ _ ' - - • ' _ • - - . . ting condition:
Attachment 3.2, page 22

t-irnspection, all necessary s. Within49-operating days follow'

repairs must b - : •- : - - - • - . - er or operator-obtains vritten approval from the Department

estab - • . ° - : - - :.' -y-must-be completed;

(c) Equipment-4

following lh

through (b)(9), (' -(-Hg-o-n), and (c)(l-)

operating parameters during the initial performance test to determine compliance with applicable

emission limits;

: -h : - 0

.gg

ate a violation of the established operating

(D) Except s provided in Subsection (v) of this section, operation of the designated facility above the

ured on a 3

hour rolling average) si

emission limits;

Subsection (iv) of this section.

(g-)Monitoring requirements as follows:

{A) Install, calibrate (to manufacturers' specifications), maintain, and operate a device for measuring-and

recording the temperature of the se

recorded, at a minimum, once every minute throughout operation;

(B) Install, calibrate (to manufacturers' specifications), maintain, and operate a device which

(C)-The owner or operator of a designated facility must obtain monitoring data at all times during

HMIWI operation except during periods of monitoring equipment malfunction, calibration, or repair. At

for-9-0-percent of the operating hours per calendar quarter that the designated facility is combusting

hospital waste and/or medical/infectious waste.

ousfeport, once the unit is subject to permitting

requirements under Title V of the Act, the operator mus

The report must be signed by the facilities manager.

p . 1

crages (calculated eac

iehever date comes f

$ -

designated facility does not

er temperature

-1- 8 or-agog

gag.
Attachment 3.2, page 23

Stat.Autlh.: ORS 168:020

Stats. Implemented- -ORS 468A.025

Hist.: DEQ 22 1998, f. & cert.-cf. 10 21 98- -P-EQ 1'I1999 r- .e 4 *, nb ed fret

340 025 0750; DEQ 2 2005, f. & cert. e.') 10 05

DIVISION 238

NEW SOURCE PERFORMANCE STANDARDS

340-238-0040

Definitions

The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in

this rule and OAR 340-200-0020, the definition in this rule applies to this division.

(1) "Administrator" means the Administrator of the EPA or authorized representative.

(2) "Affected facility" means with reference to a stationary source, anapparatus to which a standard is

applicable.

:ion of compliance.

(3) "Capital expenditures" means an expenditure for a physical or operational change to an existing

facility that exceeds the product of the applicable "annual asset guideline repair allowance percentage"

specified in Internal Revenue Service (IRS) Publication 534 and the existing facility's basis, as

defined by section 1012 of the Internal Revenue Code. However, the total expenditure for a physical or

operational change to an existing facility must not be reduced by any "excluded additions" as defined in

IRS Publication 534, as would be done for tax purposes.

(4) "CFR" means Code of Federal Regulations and, unless otherwise expressly identified, refers to the

July 1, 201009 edition.

(5) "Closed municipal solid waste landfill" (closed landfill) means a landfill in which solid waste is no

longer being placed, and in which no additional solid wastes will be placed without first filing a

notification of modification as prescribed under 40 CFR 60.7(a)(4). Once a notification of modification

has been filed, and additional solid waste is placed in the landfill, the landfill is no longer closed. A

landfill is considered closed after meeting the criteria of 40 CFR 258.60.

(6) "Commenced", with respect to the definition of "new source" in section 111(a)(2) of the federal

Clean Air Act, means that an owner or operator has undertaken a continuous program of construction or

modification or that an owner or operator has entered into a contractual obligation to undertake and

complete, within a reasonable time, a continuous program of construction or modification.

(7) "Const

(8) !Department" m a

Agency.

(74-0) "Existing municipal solid waste landfill" (existing landfill) means a municipal solid waste landfill

that began construction, reconstruction or modification before 5/30/91 and has accepted waste at any

time since 11/08/87 or has additional design capacity available for future waste deposition.

(11) "Equivalen .. -• - g-for-an-air-pollutant that has,

peen ceman irnr tf ted-te-t he Tea'rC titatively kno vn

-nee method, under specified conditions.
Attachment 3.2, page 24

(81 2) "Existing facility", with reference to a stationary source, means any apparatus of the type for

which a standard is promulgated in 40 CFR Part 60, and the construction or modification of which

commenced before the date of proposal by EPA of that standard; or any apparatus that could be altered

in such a way as to be of that type.

(13) "Facility" m ans all or part of any public or private building, structure, installation, equipment,

vehicle or vessel, including, but not limited-tor s

(94-4) "Fixed capital cost" means the capital needed to provide all the depreciable components.

(104-5) "Large municipal solid waste landfill" (large landfill) means a municipal solid waste landfill with,

a design capacity greater than or equal to 2.5 million megagrams or 2.5 million cubic meters.

(116) "Modification:"

(a) except as provided in subsection (b) of this section, means any physical change in, or change in the

method of operation of, an existing facility that increases the amount of any air pollutant (to which a

standard applies) emitted into the atmosphere by that facility or that results in the emission of any air

pollutant (to which a standard applies) into the atmosphere not previously emitted;

(b) As used in OAR 340-238-0100 means an action that results in an increase in the design capacity of a

landfill.

(127) "Municipal solid waste landfill" (landfill) means an entire disposal facility in a contiguous

geographical space where household waste is placed in or on land. A municipal solid waste landfill may

also receive other types of RCRA Subtitle D wastes such as commercial solid waste, nonhazardous

sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of a

municipal solid waste landfill may be separated by access roads and may be publicly or privately owned.

A municipal solid waste landfill may be a new municipal solid waste landfill, an existing municipal

solid waste landfill, or a lateral expansion (modification).

(138) "New municipal solid waste landfill" (new landfill) means a municipal solid waste landfill that

began construction, reconstruction or modification or began accepting waste on or after 5/30/91.

„ 4-4

as measured by an applicable reference method, or an equivalent or alternative method.

(1420) "Reconstruction" means the replacement of components of an existing facility to such an extent

that:

(a) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would

be required to construct a comparable entirely new facility; and

(b) It is technologically and economically feasible to meet the applicable standards set forth in 40 CFR

Part 60.

(1521) "Reference method" means any method of sampling and analyzing for an air pollutant as

specified in 40 CFR Part 60.

(1622) "Small municipal solid waste landfill" (small landfill) means a municipal solid waste landfill

with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters.

(1723) "Standard" means a standard of performance proposed or promulgated under 40 CFR Part 60.

(1824) "State Plan" means a plan developed for the control of a designated pollutant provided under 40

CFR Part 60.

any air pollutant subject to regulation under the federal Clean Air Act.

Stat. Auth,: ORS 468.020

Stats. Implemented: ORS 468A.025

Hist.: DEQ 97, f. 9-2-75, ef. 9-25-75; DEQ 22-1982, f. & ef. 10-21-82; DEQ 17-1983, f. & of 10-19-83;
Attachment 3.2, page 25

DEQ 16-1984, f. & of 8-21-84; DEQ 15-1985, f. & ef. 10-21-85; DEQ 19-1986, f. & ef. 11-7-86; DEQ

17-1987, f. & e£ 8-24-87; DEQ 24-1989, f. & cert. ef. 10-26-89; DEQ 4-1993, f. & cert. ef. 3-10-93;

DEQ 17-1993, f. & cert. ef. 11-4-93; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 27-1996, f. & cert. ef.

12-11-96; DEQ 8-1997, f. & cert. ef. 5-6-97; DEQ 22-1998, f. & cert. ef. 10-21-98; DEQ 14-1999, f. &

cert. ef. 10-14-99, Renumbered from 340-025-0510; DEQ 22-2000, f. & cert. ef. 12-18-00; DEQ 4-

2003, f. & cert. ef. 2-06-03; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & cert. ef. 3-14-06;

DEQ 13-2006, f. & cert. ef. 12-22-06; DEQ 15-2008, f. & cert. ef 12-31-08; DEQ 8-2009, f. & cert. ef.

12-16-09

340-238-0060

Federal Regulations Adopted by Reference

(1) Except as provided in section (2) of this rule, 40 CFR Part 60 Subparts A, D through XX, BBB

through AAAA, CCCC, EEEE, RH, and I WO( are by this reference adopted and incorporated

herein, and 40 CFR Part 60 Subpart 000 is by this reference adopted and incorporated herein for major

sources only.

(2) Where "Administrator" or "EPA" appears in 40 CFR Part 60, "Department" is substituted, except in

any section of 40 CFR Part 60 for which a federal rule or delegation specifically indicates that authority

must not be delegated to the state.

(3) 40 CFR Part 60 Subparts adopted by this rule are titled as follows:

(a) Subpart A -- General Provisions;

(b) Subpart D -- Fossil-fuel-fired steam generators for which construction is commenced after August

17, 1971;

(c) Subpart Da -- Electric utility steam generating units for which construction is commenced after

September 18, 1978;

(d) Subpart Db -- Industrial-commercial-institutional steam generating units;

(e) Subpart Dc -- Small industrial-commercial-institutional steam generating units;

(f) Subpart E -- Incinerators;

(g) Subpart Ea -- Municipal waste combustors for which construction is commenced after December 20,

1989 and on or before September 20, 1994;

(h) Subpart Eb -- Municipal waste combustors for which construction is commenced after September 20,

1994;

(i) Subpart Ec -- Hospital/Medical/Infectious waste incinerators that commenced construction after June

20, 1996, or for which modification is commenced after March 16, 1998;

(j) Subpart F -- Portland cement plants;

(k) Subpart G -- Nitric acid plants;

(1) Subpart H -- Sulfuric acid plants;

(m) Subpart I -- Hot mix asphalt facilities;

(n) Subpart J -- Petroleum refineries;

(o) Subpart K -- Storage vessels for petroleum liquids for which construction, reconstruction, or

modification commenced after June 11, 1973, and before May 19, 1978;

(p) Subpart Ka -- Storage vessels for petroleum liquids for which construction, reconstruction, or

modification commenced after May 18, 1978, and before July 23, 1984;

(q) Subpart Kb -- Volatile organic liquid storage vessels (including petroleum liquid storage vessels) for

which construction, reconstruction, or modification commenced after July 23, 1984;

(r) Subpart L -- Secondary lead smelters;

(s) Subpart M -- Secondary brass and bronze production plants;

(t) Subpart N -- Primary emissions from basic oxygen process furnaces for which construction is

commenced after June 11, 1973;
Attachment 3.2, page 26

(u) Subpart Na - - Secondary emissions from basic oxygen process steelmaking facilities for which

construction is commenced after January 20, 1983;

(v) Subpart 0 -- Sewage treatment plants;

(w) Subpart P -- Primary copper smelters;

(x) Subpart Q -- Primary Zinc smelters;

(y) Subpart R -- Primary lead smelters.;

(z) Subpart S -- Primary aluminum reduction plants;

(aa) Subpart T -- Phosphate fertilizer industry: wet-process phosphoric acid plants;

(bb) Subpart U -- Phosphate fertilizer industry: superphosphoric acid plants;

(cc) Subpart V -- Phosphate fertilizer industry: dianunonium phosphate plants;

(dd) Subpart W -- Phosphate fertilizer industry: triple superphosphate plants;

(ee) Subpart X -- Phosphate fertilizer industry: granular triple superphosphate storage facilities;

(ff) Subpart Y -- Coal preparation plants;

(gg) Subpart Z -- Ferroalloy production facilities;

(hh) Subpart AA -- Steel plants: electric arc furnaces constructed after October 21, 1974 and on or

before August 17, 1983;

(ii) Subpart AAa -- Steel plants: electric arc furnaces and argon-oxygen decarburization vessels

constructed after august 7, 1983;

(jj) Subpart BB -- Kraft pulp mills;

(kk) Subpart CC -- Glass manufacturing plants;

(11) Subpart DD -- Grain elevators.

(mm) Subpart EE -- Surface coating of metal furniture;

(nn) Subpart GG -- Stationary gas turbines;

(oo) Subpart HH -- Lime manufacturing plants;

(pp) Subpart KK -- Lead-acid battery manufacturing plants;

(qq) Subpart LL -- Metallic mineral processing plants;

(rr) Subpart MM -- Automobile and light-duty truck surface coating operations;

(ss) Subpart NN -- Phosphate rock plants;

(it) Subpart PP -- Ammonium sulfate manufacture;

(uu) Subpart QQ _.. Graphic arts industry: publication rotogravure printing;

(vv) Subpart RR -- pressure sensitive tape and label surface coating operations;

(ww) Subpart SS -- Industrial surface coating: large appliances;

(xx) Subpart TT -- Metal coil surface coating;

(yy) Subpart UU -- Asphalt processing and asphalt roofing manufacture;

(zz) Subpart VV Equipment leaks of VOC in the synthetic organic chemicals manufacturing industry;

(aaa) Suppart VVa -- Equipment leaks of VOC in the synthetic organic chemicals manufacturing

industry;

(bbb) Subpart WW -- Beverage can surface coating industry;

(ccc) Subpart XX -- Bulk gasoline terminals;

(ddd) Subpart BBB -- Rubber tire manufacturing industry;

(eee) Subpart DDD -- Volatile organic compound (VOC) emissions for the polymer manufacture

industry;

(fff) Subpart FFF -- Flexible vinyl and urethane coating and printing;

(ggg) Subpart GGG -- Equipment leaks of VOC in petroleum refineries;

(hhh) Subpart GGGa -- Equipment leaks of VOC in petroleum refineries;

(iii) Subpart HHH -- Synthetic fiber production facilities;

(jjj) Subpart III -- Volatile organic compound (VOC) emissions from the synthetic organic chemical

manufacturing industry (SOCMI) air oxidation unit processes;
Attachment 3.2, page 27

(kkk) Subpart JJJ` -- Petroleum dry cleaners;

(111) Subpart KKK -- Equipment leaks of VOC from onshore natural gas processing plants;

(n mm) Subpart LLL -- Onshore natural gas processing; S02 emissions;

(nnn) Subpart NNN -- Volatile organic compound (VOC) emissions from synthetic organic chemical

manufacturing industry (SOCMI) distillation operations;

(ooo) Subpart 000 -- Nonmetallic mineral processing plants (adopted by reference for major sources

only);

(ppp) Subpart PPP -- Wool fiberglass insulation manufacturing plants;

(qqq) Subpart QQQ VOC emissions from petroleum refinery wastewater systems;

(rrr) Subpart RRR -- Volatile organic compound emissions from synthetic organic chemical

manufacturing industry (SOCMI) reactor processes;

(sss) Subpart SSS -- Magnetic tape coating facilities;

(ttt) Subpart TTT -- Industrial surface coating: surface coating of plastic parts for business machines;

(uuu) Subpart UUU Calciners and dryers in mineral industries;

(vvv) Subpart VVV -- Polymeric coating of supporting substrates facilities;

(www) Subpart WWW -- Municipal solid waste landfills, as clarified by OAR 340-238-0100;

(xxx) Subpart AAAA -- Small municipal waste combustion units;

(yyy) Subpart CCCC -- Commercial and industrial solid waste incineration units;

(zzz) Subpart EEEE -- Other solid waste incineration units;

(aaaaccce) Subpart KKKK -- Stationary combustion turbines.

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A.025

Hist.: DEQ 97, f. 9-2-75, ef. 9-25-75; DEQ 16-1981, f. & ef. 5-6-81; sections (1) thru (12) of this rule

renumbered to 340-025-0550 thru 340-025-0605; DEQ 22-1982, £ & e£ 10-21-82; DEQ 17-1983, f. &

ef. 10-19-83; DEQ 16-1984, f. & ef. 8-21-84; DEQ 15-1985, f. & e£ 10-21-85; DEQ 19-1986, f. & ef.

11-7-86; DEQ 17-1987, f. & ef. 8-24-87; DEQ 24-1989, f. & cert. e£ 10-26-89; DEQ 17-1993, f. & cell.

cf. 11-4-93; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 27-1996, f. & cert. e£ 12-11-96; DEQ 8-1997, f.

& cert. ef. 5-6-97; DEQ 22-1998, f. & cert. ef. 10-21-98; DEQ 14-1999, f. & cert. ef. 10-14-99,

Renumbered from 340-025-0535; DEQ 22-2000, f. & cert. ef. 12-18-00; DEQ 4-2003, f. & cert. ef. 2-

06-03; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 13-2006, f. & cert.

ef. 12-22-06; DEQ 15-2008, f. & cert. ef 12-31-08

DIVISION 242

RULES APPLICABLE TO THE PORTLAND AREA

Gasoline Vapors from Gasoline Transfer-and

Dispensing Operations

340-242-0500

Purpose and Applicability

(1) Gasoline vapors contribute to the formation of ozone. OAR 340-242-0500 through 340-242-0520

I require the control of gasoline vapors from gasoline transfer and dispensing operations.

(2) OAR 340-242-0500 through 340-242-0520 apply to gasoline dispensing facilities located within

Clackamas, Multnomah and Washington Counties.
Attachment 3.2, page 28

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by

the Environmental Quality Commission under OAR 340-200-0040.]

Slat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.040

Hist.: DEQ 7-1991, f. & cert. ef. 5-7-91 (and corrected 6-7-91); DEQ 4-1993, f. & cert. ef. 3-10-93;

DEQ 16-1996, f. & cert. of 8-14-96; DEQ 20-1998, f. & cert. ef. 10-12-98; DEQ 14-1999, f. & cert. ef.

10-14-99, Renumbered from 340-022-0400

DIVISION 244

OREGON FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM

General Provisions for Stationary Sources

340-244-0030

Definitions

The definitions in OAR 340-200-0020, 340-218-0030 and this rule apply to this division, If the same

term is defined in this rule and OAR 340-200-0020 or 340-218-0030, the definition in this rule applies to

this division.

(1) "Accidental Release" means an unanticipated emission of a regulated substance or other extremely

hazardous substance into the ambient air from a stationary source.

I1

Law 101 51-9

(23-) "Annual throughput" means the amount of gasoline transferred into a gasoline dispensing facility

during 12 consecutive months.

i (34) "Area Source" means any stationary source which has the potential to emit hazardous air pollutants

but is not a major source of hazardous air pollutants.

(45) "CFR" means Code of Federal Regulations and, unless otherwise expressly identified, refers to the

July 1, 201009 edition.

^^ - - -

(57) "Construct a major source" means to fabricate, erect, or install at any greenfieid site a stationary

source or group of stationary sources which is located within a contiguous area and under common

control and which emits or has the potential to emit 10 tons per year of any HAPs or 25 tons per year of

any combination of HAP, or to fabricate, erect, or install at any developed site a new process or

production unit which in and of itself emits or has the potential to emit 10 tons per year of any HAP or

25 tons per year of any combination of HAP, unless the process or production unit satisfies criteria in

paragraphs (a) through (f) of this definition:

(a) All HAP emitted by the process or production unit that would otherwise"be controlled under the

requirements of 40 CFR Part 63, Subpart B will be controlled by emission control equipment which was

previously installed at the same site as the process or production unit;

(b) The Department has determined within a period of 5 years prior to the fabrication, erection, or

installation of the process or production unit that the existing emission control equipment represented

the best available control technology (BACT), lowest achievable emission rate (LAER) under 40 CFR

part 51 or 52, toxics-best available control technology (T-BACT), or MACT based on State air toxic

rules for the category of pollutants which includes those HAP to be emitted by the process or production

unit; or the Department determines that the control of HAP emissions provided by the existing

equipment will be equivalent to that level of control currently achieved by other well-controlled similar
Attachment 3.2, page 29

sources (i.e., equivalent to the level of control that would be provided by a current BACT, LAER, TBACT, or State air toxic rule MACT determination),

(c) The Department determines that the percent control efficiency for emission of HAP from all sources

to be controlled by the existing control equipment will be equivalent to the percent control efficiency

provided by the control equipment prior to the inclusion of the new process or production unit;

(d) The Department has provided notice and an opportunity for public comment concerning its

determination that criteria in paragraphs (a), (b), and (c) of this definition apply and concerning the

continued adequacy of any prior LAER, BACT, T-BACT, or State air toxic rule MACT determination;

(e) If any commenter has asserted that a prior LAER, BACT, T-BACT, or State air toxic rule MACT

determination is no longer adequate, the Department has determined that the level of control required by

that prior determination remains adequate; and

(f) Any emission limitations, work practice requirements, or other terms and conditions upon which the

above determinations by the Department are predicated will be construed by the Department as

applicable requirements under section 504(a) and either have been incorporated into any existing Title V

permit for the affected facility or will be incorporated into such permit upon issuance.

ZtalQuality.

deputies or

officers.

(0-0) "Dual-point vapor balance system" means a type of vapor balance system in which the storage

tank is equipped with an entry port for a gasoline fill pipe and a separate exit port for a vapor

connection.

n

rt

(7-1-2) "Emissions Limitation" and "Emissions Standard" mean a requirement adopted by the Department

or Regional Agency, or proposed or promulgated by the Administrator of the EPA, which limits the

quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any

requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe

operation or maintenance procedures for a source to assure continuous emission reduction.

•y •

" " •• - • - - • - -'traits or has the potential to

emit any regulated air pollutant.

t arc quantifiable.

(b) Emissions units may be defrned eri ^ polutant

appll-icabili

(l1) "EPA" means

Administrator's designee.
Attachment 3.2, page 30

(815) "Equipment leaks" means leaks from pumps, compressors, pressure relief devices, sampling

connection systems, open ended valves or lines, valves, connectors, agitators, accumulator vessels, and

instrumentation systems in hazardous air pollutant service.

(916) "Existing Source" means any source, the construction of which commenced prior to proposal of an

applicable standard under sections 112 or 129 of the FCAA.

(10-1-7) "Facility" means all or part of any public or private building, structure, installation, equipment, or

vehicle or vessel, including but not limited to ships.

(11) "Gasoline" means any petroleum distillate/alcohol blend having a Reid vapor pressure of 27.6

kilopascalsi4.0 psi) or greater which is used as a_ fuel for internal combustion engines.

(1249) "Gasoline cargo tank" means a delivery tank truck or railcar which is loading or unloading

gasoline or which has loaded or unloaded gasoline on the immediately previous load.

(1320) "Gasoline dispensing facility (GDF)" means any stationary facility which dispenses gasoline into

the fuel tank of a motor vehicle. In Clackamas, Multnomah and Washington Counties, the MedfordAshland Air Quality Maintenance Area, and the Salem-Keizer Area Transportation Study area,

"gasoline dispensing facility" means any stationary facility which dispenses gasoline into the fuel tank

of a motor vehicle, boat, or airplane.

(1421) "Hazardous Air Pollutant" (HAP) means an air pollutant listed by the EPA pursuant to section

112(b) of the FCAA or determined by the Commission to cause, or reasonably be anticipated to cause,

adverse effects to human health or the environment.

(1522) "Major Source" means any stationary source or group of stationary sources located within a

contiguous area and under common control that emits or has the potential to emit considering controls,

in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of

any combination of hazardous air pollutants. The EPA may establish a lesser quantity, or in the case of

radionuclides different criteria, for a major source on the basis of the potency of the air pollutant,

persistence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant

factors.

(1623) "Maximum Achievable Control Technology (MACT)" means an emission standard applicable to

major sources of hazardous air pollutants that requires the maximum degree of reduction in emissions

deemed achievable for either new or existing sources.

(1724) "Monthly throughput" means the total volume of gasoline that is loaded into, or dispensed from,

all gasoline storage tanks at each GDF during a month. Monthly throughput; ais calculated by summing

the volume of gasoline loaded into, or dispensed from, all gasoline storage tanks at each GDF during the

current day, plus the total volume of gasoline loaded into, or dispensed from, all gasoline storage tanks

at each GDF during the previous 364 days, and then dividing that sum by 12on a rolling 30 day average.

(1825) "New Source" means a stationary source, the construction of which is commenced after proposal

of.a federal MACT or January 3, 1993 of this Division, whichever is earlier.

private corporation, political subdivision, governmental agency, municipality, industry, co partnership,

association, fi , _ , • :ever:

(1927) "Potential to Emit" means the maximum capacity of a stationary source to emit any air pollutant

under its physical and operational design. Any physical or operational limitation on the capacity of a

source to emit an air pollutant, including air pollution control equipment and restrictions on hours of

operation or on the type or amount of material combusted, stored, or processed, shall be treated as part

of its design if the limitation is enforceable by the EPA. This section does not alter or affect the use of

this section for any other purposes under the Act, or the term "capacity factor" as used in Title IV of the
Attachment 3.2, page 31

Act or the regulations promulgated thereunder. Secondary emissions shall not be considered in

determining the potential to emit of a source.

(2028) "Reconstruct a Major Source" means the replacement of components at an existing process or

production unit that in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25

tons per year of any combination of HAP, whenever: the fixed capital cost of the new components

exceeds 50 percent of the fixed capital cost that would be required to construct a comparable process or

production unit; and; it is technically and economically feasible for the reconstructed major source to

meet the applicable maximum achievable control technology emission limitation for new sources

established under 40 CFR Part 63 Subpart B.

(29) "Regional-Agefi . . - .

(2134) "Regulated Air Pollutant" as used in this Division means:

(a) Any pollutant listed under OAR 340-200-0400 or 340-244-0230; or

(b) Any pollutant that is subject to a standard promulgated pursuant to Section 129 of the Act.

(31) "Seco • - . " •- - ing sources which occur as a result of

the construction . • • : : :: ' . ' : • , : , t do not come from-the source itself.

limited-tom

(a)-Efaissie .e

(b) Em'

It of the construction of a source or modification,

stationary sources?

(33)"SeE ' jeansthat subsection o f- r-deus air

pollutants to be regulated:

(31) "Section 112(d)" means that subsection of

when-establishing the emission standards.

(35) "Section 112(e)" means that subsectio- t directs the EPA to establish and

promulgate emissions standards for categories and subcategories of sources that emit hazardous air

pollutants:

(2236) "Section 112(n)" means that subsection of the FCAA that includes requirements for the EPA to

conduct studies on the hazards to public health prior to developing emissions standards for specified

categories of hazardous air pollutant emission sources.

(237) "Section 112(r)" means that subsection of the FCAA that includes requirements for the EPA

promulgate regulations for the prevention, detection and correction of accidental releases.

;--

solid waste combustion.

(2439) "Solid Waste Incineration Unit" as used in this Division shall have the same meaning as given in

Section 129(g) of the FCAA.

(2540) "Stationary Source":

(a) As used in OAR 340 division 244 means any building, structure, facility, or installation which emits

or may emit any regulated air pollutant;

(b) As used in OAR 340-244-0230 means any buildings, structures, equipment, installations, or

substance emitting stationary activities:

(A) That belong to the same industrial group;

(B) That are located on one or more contiguous properties;

(C) That are under the control of the same person (or persons under common control); and
Attachment 3.2, page 32

(D) From which an accidental release may occur.

(2644-) "Submerged filling" means, for the purposes of this subpart, the filling of a gasoline storage tank

through a submerged fill pipe whose discharge is no more than the applicable distance specified in OAR

340-244-02402(32) from the bottom of the tank. Bottom filling of gasoline storage tanks is included in

this definition.

(2712) "Topping off' means, in the absence of equipment malfunction, continuing to fill a gasoline tank

after the nozzle has clicked off.

(2843) "Vapor balance system" means a combination of pipes and hoses that create a closed system

between the vapor spaces of an unloading gasoline cargo tank and a receiving storage tank such that

vapors displaced from the storage tank are transferred to the gasoline cargo tank being unloaded.

(2944) "Vapor-tight" means equipment that allows no loss of vapors. Compliance with vapor-tight

requirements can be determined by checking to ensure that the concentration at a potential leak source is

not equal to or greater than 100 percent of the Lower Explosive Limit when measured with a

combustible gas detector, calibrated with propane, at a distance of 1 inch from the source.

(30) "Vapor-tight gasoline cargo tank" means a gasoline cargo tank which has demonstrated within the

12 preceding months that it meets the annual certification test requirements in 40 CFR 63.11092(f).

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.040

Hist.: DEQ 13-1993, f. & cert. ef. 9-24-93; DEQ 18-1993, f. & cert. ef. 11-4-93; DEQ 24-1994, f. &

cert. ef. 10-28-94; DEQ 22-1995, £ & cert. ef. 10-6-95; DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 20-

1997, f. & cert. ef. 9-25-97; DEQ 18-1998, f. & cert. ef. 10-5-98; DEQ 14-1999, f. & cert. ef. 10-14-99,

Renumbered from 340-032-0120; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & cert. ef. 3-14-

06; DEQ 13-2006, f. & cert. ef. 12-22-06; DEQ 15-2008, f. & cert. ef 12-31-08; DEQ 8-2009, f. & cert.

ef. 12-16-09

Emission Standards

340-244-0220

Federal Regulations Adopted by Reference

(1) Except as provided in sections (2) and (3) of this rule, 40 CFR Part 61, Subparts A, C through F,

J, L, N through P, V, and Y through FF and 40 CFR. Part 63, Subparts A, F through YYYY,

AAAAA through TTTTTT, and ' through ZZZZZZDDDDDDD are

adopted by reference and incorporated herein.

(2) Where "Administrator" or "EPA" appears in 40 CFR Part 61 or 63, "Department" is substituted,

except in any section of 40 CFR Part 61 or 63, for which a federal rule or delegation specifically

indicates that authority will not be delegated to the state.

(3) 40 CFR Part 63 Subpart M -- Dry Cleaning Facilities using Perchloroethylene: The exemptions in 40

CFR 63.320(d) and (e) do not apply.

(4) 40 CFR Part 61 Subparts adopted by this rule are titled as follows:

(a) Subpart A -- General Provisions;

(b) Subpart C -- Beryllium;

(c) Subpart D -- Beryllium Rocket Motor Firing;

(d) Subpart E -- Mercury;

(e) Subpart F -- Vinyl Chloride;

(f) Subpart J -- Equipment Leaks (Fugitive Emission Sources) of Benzene;

(g) Subpart L -- Benzene Emissions from Coke By-Product Recovery Plants;

(h) Subpart N -- Inorganic Arsenic Emissions from Glass Manufacturing Plants;
Attachment 3.2, page 33

(i) Subpart 0 -- Inorganic Arsenic Emissions from Primary Copper Smelters;

0) Subpart P -- Inorganic Arsenic Emissions from Arsenic Trioxide and Metal Arsenic Facilities;

(k) Subpart V -- Equipment Leaks (Fugitive Emission Sources);

(1) Subpart Y -- Benzene Emissions from Benzene Storage Vessels;

(m) Subpart BB -- Benzene Emissions from Benzene Transfer Operations; and

(n) Subpart FF -- Benzene Waste Operations.

(5) 40 CFR Part 63 Subparts adopted by this rule are titled as follows:

(a) Subpart A _.. General Provisions;

(b) Subpart F -- SOCMI;

(c) Subpart G -- SOCMI - Process Vents, Storage Vessels, Transfer Operations, and Wastewater;

(d) Subpart H -- SOCMI -- Equipment Leaks;

(e) Subpart I -- Certain Processes Subject to the Negotiated Regulation for Equipment Leaks;

(I) Subpart J -- Polyvinyl Chloride and Copolymers Production;

(g) Subpart L -- Coke Oven Batteries;

(h) Subpart M -- Perchloroethylene Air Emission Standards for Dry Cleaning Facilities;

(i) Subpart N -- Chromium Emissions from Hard and Decorative Chromium Electroplating and

Chromium Anodizing Tanks;

(j) Subpart 0 -- Ethylene Oxide Emissions Standards for Sterilization Facilities;

(k) Subpart Q -- Industrial Process Cooling Towers;

(1) Subpart R -- Gasoline Distribution (Bulk Gasoline Terminals and Pipeline Breakout Stations);

(m) Subpart S -- Pulp and Paper Industry;

(n) Subpart T -- Halogenated Solvent Cleaning;

(o) Subpart U -- Group I Polymers and Resins;

(p) Subpart W -- Epoxy Resins and Non-Nylon Polyamides Production;

(q) Subpart X -- Secondary Lead Smelting;

(r) Subpart Y -- Marine Tank Vessel Loading Operations;

(s) Subpart AA -- Phosphoric Acid Manufacturing Plants;

(t) Subpart BB -- Phosphate Fertilizer Production Plants;

(u) Subpart CC -- Petroleum Refineries;

(v) Subpart DD -- Off-Site Waste and Recovery Operations;

(w) Subpart EE -- Magnetic Tape Manufacturing Operations;

(x) Subpart GG -- Aerospace Manufacturing and Rework Facilities;

(y) Subpart HH -- Oil and Natural Gas Production Facilities;

(z) Subpart II -- Shipbuilding and Ship Repair (Surface Coating);

(aa) Subpart JJ -- Wood Furniture Manufacturing Operations;

(bb) Subpart KK -- Printing and Publishing Industry;

(cc) Subpart LL -- Primary Aluminum Reduction Plants;

(dd) Subpart MM -- Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-Alone

Semi-Chemical Pulp Mills;

(ee) Subpart 00 -- Tanks -- Level l;

(if) Subpart PP -- Containers;

(gg) Subpart QQ -- Surface Impoundments;

(hh) Subpart RR -- Individual Drain Systems;

(ii) Subpart SS -- Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas

System or a Process;

(jj) Subpart TT -- Equipment Leaks -- Control Level 1;

(kk) Subpart UU -- Equipment Leaks -- Control Level 2;

(11) Subpart VV -- Oil-Water Separators and Organic-Water Separators;
Attachment 3.2, page 34

(mm) Subpart WW -- Storage Vessels (Tanks) -- Control Level 2;

(nn) Subpart XX -- Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste

Operations;

(oo) Subpart YY -- Generic Maximum Achievable Control Technology Standards;

(pp) Subpart CCC -- Steel Pickling -- HC1 Process Facilities and Hydrochloric Acid. Regeneration

Plants;

(qq) Subpart DDD -- Mineral Wool Production;

(if) Subpart EEE -- Hazardous Waste Combustors;

(ss) Subpart GGG -- Pharmaceuticals Production;

(tt) Subpart HHH -- Natural Gas Transmission and Storage Facilities;

(uu) Subpart III -- Flexible Polyurethane Foam Production;

(vv) Subpart JJJ -- Group IV Polymers and Resins;

(ww) Subpart LLL -- Portland Cement Manufacturing Industry;

(xx) Subpart MMM -- Pesticide Active Ingredient Production;

(yy) Subpart NNN -- Wool Fiberglass Manufacturing;

(zz) Subpart 000 -- Manufacture of Amino/Phenolic Resins;

(aaa) Subpart PPP -- Polyether Polyols Production;

(bbb) Subpart QQQ -- Primary Copper Smelting;

(ccc) Subpart RRR -- Secondary Aluminum Production;

(ddd) Subpart TTT -- Primary Lead Smelting;

(eee) Subpart UUU -- Petroleum Refineries .._ Catalytic Cracking Units, Catalytic Reforming Units, and

Sulfur Recovery Units;

(fff) Subpart VVV -- Publicly Owned Treatment Works;

(ggg) Subpart XXX - Ferroalloys Production: Ferromanganese and Silicomanganese;

(hhh) Subpart AAAA -- Municipal Solid Waste Landfills;

(iii) Subpart CCCC -- Manufacturing of Nutritional Yeast;

(jjj) Subpart DDDD -- Plywood and Composite Wood Products;

(kkk) Subpart EEEE -- Organic Liquids Distribution (non-gasoline);

(111) Subpart FFFF -- Miscellaneous Organic Chemical Manufacturing;

(mmm) Subpart GGGG -- Solvent Extraction for Vegetable Oil Production;

(mm) Subpart HHHH -- Wet Formed Fiberglass Mat Production;

(ooo) Subpart 1111 -- Surface Coating of Automobiles and Light-Duty Trucks;

(ppp) Subpart JJJJ -- Paper and Other Web Coating;

(qqq) Subpart KKKK -- Surface Coating of Metal Cans;

(rrr) Subpart MMMM -- Surface Coating of Miscellaneous Metal Parts and Products;

(sss) Subpart NNNN -- Surface Coating of Large Appliances;

(ttt) Subpart 0000 -- Printing, Coating, and Dyeing of Fabrics and Other Textiles;

(uuu) Subpart PPPP -- Surface Coating of Plastic Parts and Products;

(vvv) Subpart QQQQ -- Surface Coating of Wood Building Products;

(www) Subpart RRRR -- Surface Coating of Metal Furniture;

(xxx) Subpart SSSS -- Surface Coating of Metal Coil;

(yyy) Subpart TTTT -- Leather Finishing Operations;

(zzz) Subpart UUUU -- Cellulose Production Manufacturing;

(aaaa) Subpart VVVV -- Boat Manufacturing;

(bbbb) Subpart WWWW -- Reinforced Plastics Composites Production;

(cccc) Subpart XXXIX -- Rubber Tire Manufacturing;

(dddd) Subpart YYYY -- Stationary Combustion Turbines;

^.
Attachment 3.2, page 35

(eeeeffff) Subpart AAAAA -- Lime Manufacturing;

(ffffgggg) Subpart BBBBB -- Semiconductor Manufacturing;

(ggggllhh) Subpart CCCCC -- Coke Ovens: Pushing, Quenching & Battery Stacks;

(hhhhjjjj) Subpart EEEEE -- Iron and Steel Foundries;

(iiiikkkk) Subpart FFFFF -- Integrated Iron and Steel Manufacturing Facilities;

(jjjillll) Subpart GGGGG -- Site Remediation;

(kkldunnim) Subpart HHI-IHH -- Misc. Coating Manufacturing;

(lllinnnn) Subpart 11111-- Mercury Cell Chlor-Alkali Plants;

(mmmrneeoe) Subpart JJJJJ -- Brick and Structural Clay Products Manufacturing;

(nnnnpppp) Subpart KKKKK -- Clay Ceramics Manufacturing;

(ooooqetqq) Subpart LLLLL -- Asphalt Processing & Asphalt Roofing Manufacturing;

(ppp) Subpart MMMMM -- Flexible Polyurethane Foam Fabrication Operations;

(ggggsss:,) Subpart NNNNN -- Hydrochloric Acid Production;

(rrrrtttt) Subpart PPPPP -- Engine Tests Cells/Stands;

(ssssuu) Subpart QQQQQ -- Friction Materials Manufacturing Facilities;

(ttttvvvv) Subpart RRRRR -- Taconite Iron Ore Processing;

(uuuuww=vvw) Subpart SSSSS -- Refractory Products Manufacturing;

(vvvvxxxx) Subpart TTTTT -- Primary Magnesium Refining;

(wwwwyyyy) Subpart WWWWW -- Area Sources: Hospital Ethylene Oxide Sterilization;

(xxxxzzzz) Subpart YYYYY -- Area Sources: Electric Arc Furnace Steelmaking Facilities;

(yyyyaa) Subpart ZZZZZ -- Area Sources: Iron and Steel Foundries;

(zzzzbbbbb) Subpart BBBBBB -- Area Sources: Gasoline Distribution Bulk Terminals, Bulk Plants, and

Pipeline Facilities;

(aaaaaecccc) Subpart DDDDDD -- Area Sources: Polyvinyl Chloride and Copolymers Production;

(bbbbbddddd) Subpart EEEEEE -- Area Sources: Primary Copper Smelting;

(ccccceeeee) Subpart FFFFFF -- Area Sources: Secondary Copper Smelting;

(dddddfffff) Subpart GGGGGG -- Area Sources: Primary Nonferrous Metals -- Zinc, Cadmium, and

Beryllium;

(eeeegg) Subpart HHHHHH -- Area Sources: Paint Stripping and Miscellaneous Surface Coating

Operations

(fffffhhlil h) Subpart LLLLLL -- Area Sources: Acrylic and Modacrylic Fibers Production;

(gggggiiiii) Subpart MMMMMM -- Area Sources: Carbon Black Production;

(hhhhhjjjjj) Subpart NNNNNN -- Area Sources: Chemical Manufacturing: Chromium Compounds;

(iiiiikkaldck) Subpart 000000 -- Area Sources: Flexible Polyurethane Foam Production;

(iilllllllll Subpart PPPPPP -- Area Sources: Lead Acid Battery Manufacturing;

(kkkldunfanamm) Subpart QQQQQQ -- Area Sources: Wood Preserving;

(lllllnn) Subpart RRRRRR -- Area Sources: Clay Ceramics Manufacturing;

(mmmmmeeeee) Subpart SSSSSS Area Sources: Glass Manufacturing;

(nnnnnppppp) Subpart TTTTTT -- Area Sources: Secondary Nonferrous Metals Processing;

(ooooo) Subpart VVVVVV - Area Sources: Chemical Manufacturing;

(pppppqqqqq) Subpart WWWWWW -- Area Source: Plating and Polishing Operations;

( get r) Subpart XXXXXX -- Area Source: Nine Metal Fabrication and Finishing Source

Categories;

(rrrrrssss&) Subpart YYYYYY -- Area Sources: Ferroalloys Production Facilities;

(ssssstttt) Subpart ZZZZZZ -- Area Sources: Aluminum, Copper, and Other Nonferrous Foundries;:

(ttttl) Subpart AAAAAAA Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing;

(uuuuu) Subpart BBBBBBB -- Area Sources: Chemical Preparations lndustr

(vvvvv) Subpart CCCCCCC -- Area Sources: Paints and Allied Products Manufacturing;
Attachment 3.2, page 36

wwwww Sub art DDDDDDD -- Area Sources: Pre ared Feeds Manufacturin

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468A.025

Hist.: [DEQ 16-1995, f. & cert. ef. 6-21-95; DEQ 28-1996, f. & cert. ef. 12-19-96; DEQ 18-1998, f. &

cert. cf. 10-5-981; [DEQ 18-1993, f. & cert. ef. 11-4-93; DEQ 32-1994, f. & cert. ef. 12-22-941; DEQ

14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0510, 340-032-5520; DEQ 11-2000, f. &

cert. ef. 7-27-00; DEQ 15-2001, f. & cert. ef. 12-26-01; DEQ 4-2003, f. & cert. ef. 2-06-03; DEQ 2-

2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 15-2008, f. & cert. of 12-31-08;

DEQ 8-2009, f. & cert. ef. 12-16-09

Emission Standards for Gasoline Dispensing Facilities

340-244-0234

Affected Sources

(1) The affected source to which the emission standards apply is each GDF. The affected source

includes each gasoline cargo tank during the delivery of product to a GDF and also includes each

storage tank.

(2) The emissions standards in OAR 340-244-0236 through 0252 do not apply to agricultural operations

as defined in ORS 468A.020. Agricultural operations are however required to comply with the Gasoline

Dispensing NESHAP, if applicable (40 CFR part 63 subpart CCCCCC),

(3) All GDFs must comply with the requirements of OAR 340-244-0240.

(4) The owner or operator of a GDF must comply with the requirements of OAR 340-244-0242 for the

following gasoline storage tanks:

(a) All tanks with a capacity of 250 gallons or more located at GDFs:

(A) Whose annual throughput exceeds 480,000 gallons of gasoline or more;

(B) Whose average monthly throughput exceeds 100,000 gallons of gasoline or more; or

(C) In Clackamas, Multnomah, or Washington County whose annual throughput exceeds 120,000

gallons of gasoline or more.

(b) All tanks with a capacity of 1,500 gallons or more located at GDFs in the Portland AQMA, Medford

AQMA, or Salem SKATS.

(5) The owner or operator of a GDF must comply with the requirements of OAR 340-244-0242(4) for

any gasoline storage tank equipped with a vapor balance system.

,(6) An affected source must upon request by the Department, demonstrate their annual or average _ ., -

monthly throughput.

(7) The owner or operator of an affected source, as defined in section (1) of this rule, is not required to

obtain a Title V Operating Permit. However, the owner or operator must still apply for and obtain a Title

V Operating Permit if meeting one or more of the applicability criteria found in OAR 340-218-0020.

(8) The loading of aviation gasoline storage tanks at airports, and the subsequent transfer of aviation

gasoline within the airport, is not subject to OAR 340-244-0236 through 0252,

except in the Portland AQMA, Medford AQMA, Salem SKATS, and Clackamas, Multnomah, and

Washington Counties. In these geographic areas, aviation gasoline is subject to OAR 340-244-0236

through 0252.

9) Monthly throughput is the total volume of gasoline loaded into, or dispensed from, all the gasoline

storage tanks located at a single affected GDF If an area source has two or more GDFs at separate

locations within the area source each GDF is treated as a separate affected source.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by

the Environmental Quality Commission under OAR 340-200-0040.

FI

Ri

Fi

bE

Si
Attachment 3.2, page 37

Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.025

Hist.: DEQ 15-2008, f. & cert. ef 12-31-08

340-244-0236

Affected Equipment or Processes

(1) The emission sources to which this rule applies are gasoline storage tanks and associated equipment

components in vapor or liquid gasoline service at new, reconstructed, or existing GDF that meet the

criteria specified in OAR 340-244-0234. Pressure/Vacuurn vents on gasoline storage tanks and the

equipment necessary to unload product from cargo tanks into the storage tanks at GDF are covered

emission sources. .. . - T - the-refueling-of-meter-vehicles is not covered by this rule.

(2) An affected source is a new affected source if construction commenced on the affected source after

November 9, 2006, and the applicability criteria in OAR 340-244-0234 are met at the time operation

commenced.

(3) An affected source is reconstructed if meeting the criteria for reconstruction as defined in 40 CFR

63.2.

(4) An affected source is an existing affected source if it is not new or reconstructed.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by

the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.025

Hist.: DEQ 15-2008, f. & cert. ef 12-31-08

340-244-0238

Compliance Dates

(1) For a new or reconstructed affected source, the owner or operator must comply with the standards in

OAR 340-244-0240 and 0242, as applicable, no later than January 10, 2008 or upon startup, whichever

is later, except as follows:

(a) The owner or operator of a new or reconstructed GDF must comply with OAR 340 .244-0240(1)(b)

and (c) no later than July 1, 2009 or upon startup, whichever is later.

(b) For tanks located at a GDF with average monthly throughput less than 100,000 gallons of gasoline

and not listed in OAR 340-244-0234(4)(a)(C) or (4)(b) must comply with OAR 340-244-0242, as

applicable, no later than December 13, 2009 or upon startup, whichever is later.

(c) The owner or operator of a GDF subject to Table 4 of this division must comply no later than

September 23, 2008 or upon startup, whichever is later.

(2) For an existing affected source, the owner or operator must comply with the standards in OAR 340-

244-0240 and 0242, as applicable, by no later than January 10, 2011, except as follows:

(a) For tanks with a capacity between 1,500 and 40,000 gallons and located in the Portland AQMA,

Medford AQMA, or Salem SATS, the owner or operator must comply with the standards in OAR 340-

244-0240(3) and 0242 no later than December 13, 2008.

(b) For tanks located at an affected source located in Clackamas, Multnomah, or Washington County,

whose annual throughput exceeds 120,000 gallons, the owner or operator must comply with the

standards in OAR 340-244-0240(3) and 0242 no later than December 13, 2008.

(c) The owner or operator of an existing GDF must comply with OAR 340-244-0240(1)(b) and (c) no

later than July 1, 2009 or upon startup, whichever is later.

(3) For an existing affected source that becomes subject to the control requirements in this ruleOAR

340-244-0242 because of an increase in the average monthly throughput, as specified in OAR 340-244-

(1234(4), the owner or operator must comply with the standards OAR 340-244-0242in this rule no later
Attachment 3.2, page 38

than January 10, 2011 or within 2 years after the affected source becomes subject to the control

requirements in OAR 340-244-0242this rule, whichever is later.

14)The initial compliance demonstration test required under OAR 340-244-0244 1 a and b must be

conducted as specified in; ubsections (4)(a) and (b) of this rule

(a or a new or reconstructed affected source, the owner or o erator ust conduct the initial

compliance test upon installatio ,of the complete vapor balance system,

(b,) ,'or gan existing affected source ,;the owner or operatorpnust conduct the initial,;compliance test as

specifiedit arah4JCbJ(^J or (E) of this, rule.

A For va p or balance s stems installed on or before December 15 2009 at a GDF whose averae

monthly throughput exceeds 100,000 gallons of gasoline or more the owner or operatorJnust test no

later than 180 da s after the a licable compliance date s p ecified inA section„(2) or(A)of this rule}

or balance s stems installed after December 15 2009 the owner or o p erator must test u p on Fi

installation of a; comlete p vapor balance system or a new gasoline story eg tank, b`

C For a GDF whose avera e monthl throu*h p ut is less than or e.ual to 100 000 .allons of _asoline =-.:,

B For va

Fi

the owner or operator is only required to test upon installation of a complete vapor balance system or a

new gasoline storage tank,

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by

the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.025

Hist.: DEQ 15-2008, f. & cert. of 12-31-08; DEQ 8-2009, f. & cert. e£ 12-16-09

340-244-0242

Vapor Balance Requirements

(1) Except as provided in section (2) of this rule, the owner or operator of gasoline storage tank listed in

OAR 340-244-0234(4), must meet the requirements in either subsection (1)(a) or (1)(b) of this rule.

{a) Each management practice in Table 4 of this division that applies to the GDF.

(b) If, prior to January 10, 2008, the owner or operator operates a vapor balance system at the GDF that

meets the requirements of either paragraph (1)(b)(A) or (1)(b)(B) of this rule, the owner or operator will

be deemed in compliance with this section.

(A) Achieves emissions reduction of at least 90 percent.

(B) Operates using management practices at least as stringent as those in Table 4 of this division.

(2) Gasoline storage tanks equipped with floating roofs or the equivalent are not required to comply with

the control requirements in section (1) of this rule.

(3) Cargo tanks unloading at a GDF must comply with the requirements of OAR 340-244-0240(1) and

management practices in Table 5 of this division.

(4) The owner or operator of a GDF subject to section (1) of this rule or having a gasoline storage tank

equipped with a vapor balance system, must comply with the following requirements on and after the

applicable compliance date in OAR 340-244-0238:

(a) When loading a gasoline storage tank equipped with a vapor balance system, connect and ensure the

proper operation of the vapor balance system whenever gasoline is being loaded.

(b) Maintain all equipment associated with the vapor balance system to be vapor tight and in good

working order.

(c) In order to ensure that the vapor balance equipment is maintained to be vapor tight and in good

working order, have the vapor balance equipment inspected on an annual basis to discover potential or

actual equipment failures.

(d) Replace, repair or modify any worn or ineffective component or design element within 24 hours to

ensure the vapor-tight integrity and efficiency of the vapor balance system. If repair parts must be
Attachment 3.2, page 39

ordered, either a written or verbal order for those parts must be initiated within 2 working days of

detecting such a leak. Such repair parts must be installed within 5 working days after receipt.

(5) The owner or operator of a GDF subject to section (1) of this rule must also comply with the

following requirements:

(a) The applicable testing requirements contained in OAR 340-244-0244.

(b) The applicable notification requirements under OAR 340-244-0246.

(c) The applicable recordkeeping and reporting requirements as specified in OAR 340-244-0248 and

0250.

(d) The owner or operator must have records available within 24 hours of a request by the Department to

document gasoline throughput.

,NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by

the Environmental Quality Commission under OAR 340-200-0040.

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Slat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.025

Hist.: DEQ 15-2008, f & cert. of 12-31-08; DEQ 8-2009, f. & cert. e£ 12-16-09

340-244-0244

Testing and Monitoring Requirements

(1) Each owner or operator, at time of installation, as specified in OAR 340-244-0238(4), ofIf-requ ed

to install a vapor balance system required under OAR 340-244-0242(1)(a), and every 3 years thereafter

at a GDF with monthly throughput of 100,000 gallons of gasoline or more, the owner or operator must

comply with the requirements in subsections (1)(a) and (b) of this rule, at t - ' - . . n of a

vapor balance system or a new gas

throughput o

gasoline storage tank.

(a) The owner or operator must demonstrate compliance with the leak rate and cracking pressure

requirements, specified in item 1(g) of Table 4 of this division, for pressure-vacuum vent valves

installed on gasoline storage tanks using the test methods identified in paragraph (1)(a)(A) or (B) of this

rule.

(A) California Air Resources Board Vapor Recovery Test Procedure TP-201.1E,-Leak Rate and

Cracking Pressure of Pressure/Vacuum Vent Valves, adopted October 8, 2003 (incorporated by

reference, see 40 CFR 63.14).

(B) Use alternative test methods and procedures in accordance with the alternative test method

requirements in 40 CFR 63.7(f).

(b) The owner or operator must demonstrate compliance with the static pressure performance

requirement, specified in item 1(h) of Table 4 of this division, for the vapor balance system by

conducting a static pressure test on the gasoline storage tanks using the test methods identified in

paragraph (1)(b)(A) or (B) of this rule.

(A) California Air Resources Board Vapor Recovery Test Procedure TP 201.3,-Determination of 2-

Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities, adopted

April 12, 1996, and amended March 17, 1999 (incorporated by reference, see 40 CFR 63.14).

(B) Use alternative test methods and procedures in accordance with the alternative test method

requirements in 40 CFR 63.7(f).

(2) Each owner or operator of a GDF, choosing, under the provisions of 40 CFR 63.6(g), to use a vapor

balance system other than that described in Table 4 of this division, must demonstrate to the Department
Attachment 3.2, page 40

the equivalency of their vapor balance system to that described in Table 4 of this division using the

procedures specified in subsections (2)(a) through (c) of this rule.

(a) The owner or operator must demonstrate initial compliance by conducting an initial performance test

on the vapor balance system to demonstrate that the vapor balance system achieves 95 percent reduction

using the California Air Resources Board Vapor Recovery Test Procedure TP-201.1, -- Volumetric

Efficiency for Phase I Vapor Recovery Systems, adopted April 12, 1996, and amended February 1,

2001, and October 8, 2003, (incorporated by reference, see 40 CFR 63.14).

(b) The owner or operator must, during the initial performance test required under subsection (2)(a) of

this rule, determine and document alternative acceptable values for the leak rate and cracking pressure

requirements specified in item 1(g) of Table 4 of this division and for the static pressure performance

requirement in item 1(h) of Table 4 of this division.

(c) The owner or operator must comply with the testing requirements specified in section (1) of this rule.

(3) Conduct of_performance tests _ Perforn_ance tests must be conducted under such conditions as the

Department specifies to the owner or operator based on representative performance (i.e., performance

based on normal o.eratin conditions of the affected source. U on re nest the owner or o erator must .

available to the De artment such records as ma be necessar to determine the conditions of

performance tests.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by

the Environmental Quality Cornrnission under OAR 340-200-0040.

Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.025

Hist.: DEQ 15-2008, f. & cert. of 12-31-08

340-244-0248

Recordkeeping Requirements

(1) Each owner or operator must keep the following records:

(a) Records of all tests performed under OAR 340-244-0244(1) and (2);

(b) Records related to the operation and maintenance of vapor balance equipment required under OAR

340-244-0242. Any vapor balance component defect must be logged and tracked by station personnel

using forms provided by the Department or a reasonable facsimile.

(c) Records of total throughput volume of gasoline, in gallons, for each calendar month.

(d) Records of permanent changes made at the GDF and vapor balance equipment which may affect

emissions.

(2) Records required under section (1) of this rule must be kept for a period of 5 years and must be made

available for inspection by the Department during the course of a site visit.

,( ) Each owner or operator of adgasoline cargo tank subject to thepianagement practices in Table A o __.

this division Amust keep records documenting yapor tightness testing for a period of 5, iyears.,

Documentation must include each of the items specified i40 CFR 63.11094(bl(i) through (viii}^

Recordsof vapor tightness testing must be jetained as specified in either,subsection,(3Xa,) orjb)pf .this ___

make

,rule,.

(a,) The owner or operator must keep,lall vapor tightness testing records with the cargo tank.

(b) As an alternative to keeping all records with the cargo tank, the owner or operator may comply with I n

the requirements of paragraphs (3)(a)(A) and (B) of this rule. b`

(A}-The owner or operator may keep records of only the most recent vapor tightness test with the cargo____

sr

tank and keep records for the previous 4 years at their office or another central location. F4

(B) Vapor tightness testing records that are kept at a location other than with the cargo tank must be

instantly available (e.g., via e-mail or facsimile) to the Department during the course of a site visit or
Attachment 3.2, page 41

within a mutually agreeable time frame. Such records must be an exact duplicate image of the original

paper copy record with certifying signatures.,

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by

the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.025

Hist.: DEQ 15-2008, f. & cert. of 12-31-08

TABLE 4 (OAR 340-244-0242)

MANAGEMENT PRACTICES FOR GASOLINE DISPENSING FACILITIES SUBJECT TO

STAGE I VAPOR CONTROLS

Ifowning or operating The owner or operator must

I. An existing GDF Install and operate a vapor balance system on

gasoline storage tanks that meets the design criteria

in paragraphs (a) through (h).

(a) All vapor connections and lines on the storage

tank must be equipped with closures that seal upon

disconnect.

(b) The vapor line from the gasoline storage tank to

the gasoline cargo tank must be vapor-tight, as

defined in OAR 340-244-0030.

(c) The vapor balance system must be designed such

that the pressure in the tank truck does not exceed

18 inches water pressure or 5.9 inches water

vacuum during product transfer.

(d) The vapor recovery and product adaptors, and

the method of connection with the delivery elbow,

must be designed so as to prevent the overtightening or loosening of fittings during normal

delivery operations.

(e) If a gauge well separate from the fill tube is

used, it must be provided with a submerged drop

tube that extends the same distance from the bottom

of the storage tank as specified in OAR 340-244-

0240(32).

(f) Liquid fill connections for all systems must. be

equipped with vapor-tight caps.

(g) Pressure/vacuum (PV) vent valves must be

installed on the storage tank vent pipes. The

pressure specifications for PV vent valves must be:

a positive pressure setting of 2.5 to 6.0 inches of

water and a negative pressure setting of 6.0 to 10.0

inches of water. The total leak rate of all PV vent

valves at an affected facility, including connections,

must not exceed 0.17 cubic foot per hour at a

pressure of 2.0 inches of water and 0.63 cubic foot

per hour at a vacuum of 4 inches of water.

(h) The vapor balance system must be capable of

meeting the static pressure performance requirement

of the following equation:

500 . 887 v

Pf ° 2e

Where:

Pf = Minimum allowable final pressure, inches of

water.
Attachment 3.2, page 42

TABLE 5 (OAR 340-244-0242)

MANAGEMENT PRACTICES FOR GASOLINE CARGO TANKS UNLOADING AT GASOLINE

DISPENSING FACILITIES EQUIPPED WITH STAGE I VAPOR CONTROLS

If owning or operating The owner or operator must

A gasoline cargo tank Not unload gasoline into a storage tank at a GDF

with stage I vapor controls unless the following

conditions are met:

(i) All hoses in the vapor balance system are

properly connected,

(ii) The adapters or couplers that attach to the vapor

line on the storage tank have closures that seal upon

disconnect,

(iii) All vapor return hoses, couplers, and adapters

used in the gasoline delivery are vapor-tight,

(iv) All tank truck vapor return equipment is

compatible in size and forms a vapor-tight

connection with the vapor balance equipment on the

GDF storage tank, and

(v) All hatches on the tank truck are closed and

securely fastened.

(vi) The filling of storage tanks at GDF must be

limited to unloading by vapor-tight gasoline cargo

tanks. Documentation that the cargo tank has met

the specifications of EPA Method 27 must be

carried Aonwith the cargo tank, as specified in OAR ______________

340-244.0248(3).

v = Total ullage affected by the test, gallons.

e = Dimensionless constant equal to approximately

2.718.

2 = The initial pressure, inches water.

2. For a new or reconstructed GDF with monthly

throughput of 100,000 gallons of gasoline or more,

or any new storage tank(s) constructed after

November 9, 2006 at an existing GDF with monthly

throughput of 100,000 gallons of gasoline or more

Install and operate a dual-point vapor balance

system, as defined in OAR 340-244-0030, on each

affected gasoline storage tank and comply with the

design criteria in item 1 of this Table.
Attachment 4

Evidence that the state followed the Administrative Procedures Act

4.1 Public notice in the Secretary of State's Oregon Bulletin October 1, 2010

4.2 Certificate and Order for Filing Permanent Administrative Rules, filed and

effective February 24, 2011
f
Attachment 4.1, page 1

OREGON

BULLETIN

Supplements the 2010 Oregon Administrative Rake Compilation

Volume 49, No. 10

October 1, 2010

for M gust 16, 2010-September 15, 2010

Published by

KATY BROWN

Secretary of State

Copyright 2010 Oregon Secretary of State
Attachment 4.1, page 2

Rule Caption: Adoption of Federal Air Quality Regulations and Related Permit Rules.

Date: Time: Location:

10-22-10 6 p.m. DEQ Headquarters

Room EQC-A

811 SW 6th Ave.

Portland, OR 97204

10-25-10 6 p.m. DEQ Bend Regional Office,

Conference Rm.

475 NE Bellevue Dr., Suite 110

Bend, OR 97701

10-26-10 6 p.m. DEQ Medford Regional Office

Conference Rm.

221 Stewart Ave., Suite 201

Medford, OR 97501

Hearing Officer: Gregg Dahmen, Mark Fisher, Steve Croucher

Stat. Auth.: ORS 468.020, 468A.025, 468A.035, 468A.040 & 468A.310

Stats. Implemented; ORS 468.020, 468A.025, 468A.035, 468A.040 & 468A.310

Proposed Amendments: 340-200-0040, 340-216-0020, 340-216-0060, 340-216-0064, 340-230-0030, 340-230-0300,

340-238-0040, 340-238-0060, 340-242-0500, 340-244-0030, 340-244-0220, 340-244-0234, 340-244-0236, 340-244-0238,

340-244-0242, 340-244-0244, 340-244-0248

Proposed Repeals: 340-230-0400, 340-230-0410

Last Date for Comment: 10-29-10, 5 p.m.

Summary: The proposed rules would adopt standards to implement new and amended federal air quality regulations. The

objectives of this rulemaking are to:

• Protect public health;

• Implement federally-delegated programs that regulate hazardous air pollutants and other air pollutants; and

• Improve Oregon's implementation of these programs.

If adopted, this proposal would:

• Adopt by reference federal area source standards regulating asphalt processing and asphalt roofing manufacturing,

chemical manufacturing, chemical preparation, paint and allied product manufacturing, and prepared feeds manufacturing;

• Repeal the adoption of existing federal standards regulating stationary internal combustion engines;

• Add paint and allied product manufacturing to the list of business categories eligible to obtain a simple or general

permit, and assign this source category to a general ACDP annual fee class;

• Allow DEQ to defer the requirement to submit an application for, or to obtain an ACDP for up to twelve months;

• Allow DEQ to use a portion of the ACDP non-technical permit modification fee to cover the change of ownership fee

required in the underground storage tank rules;

• Split the metal fabrication and finishing source category into multiple fee classes;

• Exempt small metal fabrication and finishing facilities and small commercial ethylene oxide sterilization operations

from permitting;

• Extend the permit exemption for gasoline dispensing facilities with aboveground storage tanks that dispense less than

10,000 gallons of gasoline per month to also include those with underground tanks;

• Clarify that the gasoline dispensing rule that prohibits "topping off' applies to the equipment used for the refueling of

motor vehicles;

• Correct an error that occurred in merging separate rules affecting gasoline dispensing facilities that inadvertently

exempted aviation gasoline from emission standards required by the state implementation plan;

• Clarify the requirements for gasoline cargo tanks, the calculation of monthly throughput, and when compliance

demonstration testing is required;

• Update the adoption by reference of existing federal rules to keep them consistent with federal amendments; and

• Repeal the rules that implement the federal emission guidelines for hospital, medical and infectious waste incinerators.

More information: www.deq.state.onus/regulations/proposed

rules.htm

Email comments to: federalrule2010@deq:state.or.us

Mail comments to: Jerry Ebersole, Oregon Department of

Environmental Quality, 811 SW Sixth Avenue, Portland, OR 97204-1390. Questions: (503) 229-6974. Toll free in

Oregon: (800) 452-4011 Fax: (503) 229-5675

Rules Coordinator: Maggie Vandehey

Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204

Telephone: (503) 229-6878
Attachment 4.2, page 1

Seerctaly of State

Cutificate and Order for Piling

PERMANENT ADMINISTRATIVE RILES

I certify that Ma attached copies* are true, foil and correct copies of rice PEl.1vMANENT Rule(s) adopted on Fehrporv 17.2011 by the

Dam plipr (o di ocnm es Ming Into

Oregon Department of Environmental Quality 340

Agency and Division Administrative Rules Chapter-Number

Maggie Yendehey 81 L SW Stxth Avenue, Portland, OR 97204-1390 (503) 229-6878

Rules Coordinator Address Telephone

to Imogene effective u pon filing. Rulomaking Notice was published in the October 1, 2010 Oregon Bulletin. ! *

Data upon tiling or taw Month and Year

RULE CAPTION

Adoption of Federal Air Quality Regulations and Related Permit Roles

RULEMAIQNG ACTION

ADOPT:

Not applicable

AMEND:

340-200-0040, 340-216-0020, 340-210-0050, 340-216-0084, 340-230-0030, 346-230-0300,

340-236-0040, 340-288-0060, 340-242-0500, 340-244-0030, 340-244-0220, 340-244-0234, 340-244-0236,

340-244-0238, 340-244-0242, 340-244-0244:340-244-0248

REPEAL:

340-230-0400, 340-230-0410

rtmumnER:

Not applicable

AMEND er- REMINDER:

Not applkAle

FILED

, FEB 2 4 2011

ARCHIVES DIVISION

SECRETARY OF STATE ,

Slat Auth.: ORS 468.020, 460A.025, 468A435, 468A,040 and 468A310'

Other Auth.: Not applicebie

_Stets. Lmplemented: ORS 468A,025

RULE SUMMARY

The proposed rules would adopt standards to Implement new and amended federal air quality regulations. The

objectives of this rulemaking are to:

• ' Protect public health;

• Implement federally delegated programs That regulate hazardous our pollutants and other air pollutants; and

• Improve Oregon's implementation of these programs.

If adapted, this proposal would:

• Adopt by reference federal area source standards regulating asphalt processing and asphalt roofing

manufacturing, chemical manufacturing. chemical preparation, paint and allied product manufaaluring, and

prepared Leeds manufacturing;

• Repeal the adoption of existing federal standards regulating stationary Internal combustion engines;

• Add paint and ailed product manufacturing to the Ilst of business categories eligible to obtain a simple or

general permit, and assign this source category to a general ACDP annual fee class;

Attachment 5

Evidence of adequate public notice

5.1 Affidavit of Publication: The Oregonian, Notice of September 30, 2010 publication

5.2 Affidavit of Publication: Daily Journal of Commerce, Notice of September 30, 2010

publication

Attachment 5.1, page 1

[ kegoni

rn, mo

Practically Indispensable.

3eO SW way, Portland, OR 97201-3499

Atftlavt of Publication

1, . i_l1 a depose sad say that I ate the Principal Clods Of The Publisher of The

O.cegonrae, a newspaper of went eirculatioo, as debntdby ORS 193.010 and 193.020, published to the city of Portland, in .

Muunvareh Ooenty, Otegea; that the advertisemaot was published without interruption to the urine and regoiar issue ef 'lhe

Oregonian Dr the ism on the following date(s):

oew201D

OFFICIAL. S

ALAN B COLONS

NOTARY PUBLIC-OREGON

COMMISSION MI 434344

in CGPNI5510HE7PAIES DECP.I.0I02A,2012

j

Ad Order Number: 0003052697

NOTICE OP PUBLIC HEARING ON.PROPOSEI7 AIR QUALITY RULE AMENDMENTS

The Oregon Department of Environmental Quality is proposing that the Environmental oualey Commission adopt mien that

implement new and amended federal air quality regulations, The objectives of this rwtemalcinng are to protect public health,

implement federally-delegated programs that regulate hazardces ab pollutants and other air pollutants, and Improve Oregon's

Implementation of these prograrns.Tlrese amendments, if adopted, will be submitted to the US Environmental Protection

Agency (EPA) for approval and as a revlsicei to the State hnplemenfatlon Plan, which is a requirement of the ClealfAir

Aet.The Department will hold public hearings on the propoeeri rule change on November 1, 2010 at 6:00 pre In the

conference room at CEO's Bend Office, 475 NE Hellevue.Dr, Suite 110, Bend. Oregon; November 2,101D at ODD pm In the

conference room at OEQ'e Medfield affirm, 2,21 Stewart Ave, Suite Z01, Medford. Oregon: and November 3, 2010 at 5.00 pm

in roam Et2GA an the tenth floor at PEQ's Headquarters OHice, 811 SW 8th Avenue, Portland, Oregon. Oral and written

comnienis will be accepted at the hsndng.Copies of the proposed rule package may be obtained from the Air Quality Division

In Portland, 811 SW Bth Avenue, Portland, OR 07204, by contacting Jerry Ebersole at S03-220-6974, Written comments may

be submitted anytime to the above address, but must he received no later than 5p0 pm on November S. 2010,
i
Attachment 5.2, page l

AFFIDAVIT OF PUBLICATION

921 SW Washington, Suite 2101 Portland, OR 97205

DJ

(503)228-1311 FAX (503) 222-5368

a pt01ERV1101111I811Lt 'etOK

1 rtl99f+31 i^v rF^^ rle9^n

MIAY162011

qFCA Flu .- D

STATE OF OREGON, COUNTY OF MULTNOMAH, -ss,

I, KRISTINE HUMPRHIES, being first duly sword, depose and say that I am a Manager of the DAILY JOURNAL OF

COMMERCE, a newspaper of general circulation In the counties of CLACKAMAS, MULTNOMAH and WASHINGTON as

defined by ORS 193.040 and 193.020; published at Portland In the aforesaid County and State; that I know from my personal

knowledge that the

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING ON PROPOSED AIR QUALITY RULE AMENDMENTS

a printed copy of which is attached, was published in the entire Issue of this newspaper for 1 time(s) in the following issues:

`NO IGlw bF PUBLIC >IVCi

O N p(3 ClOx56i] 111R-UUAtjTV

RULE AMENOMEi11Ts

rife Oregptt i eparrmerit of Envlro(it[lu

tar Casey Is; prophsrnp that the Envirprt

rp^ntaf Quality rxxr mission adopY;^hles,

that impleinerlt new and_amendetifederal:-^

alt quahtyegufatrorrs Th'e o6fects of this

.raiernalung;are to protedt'publ^c health, tat -.

"pIQmenl federariydetegated programs that

regulate iazardous au pollutants and:oih

er air'pollulaRts gndanpravkOregoris lm

pis nentetloP'of these programs

;"{tress a[nepdmer{ts it adopted 'will be:

- sutxnftted to illg (t$ En4ti rtrmentafPmtad,

-:flan Agenpt'1 A} for approvcl crd as::':,

-':tbvlslon to ttt^Stato ImplementatioJr Pl

1ivJltcf4 a. requlremcnt grit-H-. clear),

bcn

- • The ai I]epa[Iment will h Id `public-:

,T{earings'br--,The proposed rule change on-

:. IVb^rdmber 1 2oYR al &oo pm In tho;gad

fever at. DE4"s';Bend Dlflcer=475.-'

Oregnn ;.NE Bolletrr9:bt SOltb 1:1b 119. Ngdeml 2'I2O tO at g 4O Irk Bib' con

fcr robes aC d9g^:: lord OI[rge

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Slavdiiik: o Suite ^Ut fu7adtortf Ore-- eon arid: Nrnrember 3„ 2b1d ai 6'OQ'p.h7 .;.

an Room Ecf A or) t(ic rentN Ilopr at

bEQrs Heedgl7$ttere,Ofri^ 311 s1/ g)f7.:

;'Arrerlus 11't rtfs5td O'[dton I thI and[':

wrrtrett comryienls fAil{ he, do o-pled at file -;

fieaYl -, v

Copies ot;the proposed wlp pac Dlut kage

i>:ay be pltlarned from ths$t Quality

slop inv t?oFtlg^nd at bp,. Slt7 [ Avenue

:;Podland OR f172Q4 byconlpbrtt5g Jet4

Eboroole bf (503) 27tfl69T4 `fArrrtten;,coat

: menu nlay'fhre suim111ed anytttite_to,the:

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latgrthan 5Ott on ftO dniber.5, 010

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' Put ishedSe3pt, 30 20tlLP^10t66695. 1

DEPT OF ENVIRONMENTAL QUALITY

Attn: NICOLE VICK

811 SW 6TH AVE

PORTLAND, CR 97204

Subscrib@tg and sworn to before me this 11th day

of May, 2011.

OFFICIAL SEAL

JOSHUA K COATES

COTMMIsSiON NO. 458647

MY COMMISSION EXPIRES NOVEMBER 07,2014

Order No.: 10186835

Client's Reference No..

Attachment 6

Certification of public hearing

See paragraph #3 of cover letter and Attachment 7.1

Attachment 7

Compilation of public comments and department's response

7.1 Presiding Officer's Report for Rulemaking Hearing on November 1, 2, and 3, 2010,

dated November 3 and 8, 2010

7.2 Summary of public comments and agency responses, dated November 9, 2010

Attachment 7.1, page 1

State of Oregon

Department of Environmental Quality Memorandum

Presiding Officer's Report

Date: November 3, 2010

To: Environmental Quality Commission

From: Frank Messina, Eastern Region, Bend Office

Subject: Presiding Officer's Report for Rulemaking Hearing

Title of Proposal: Adoption of Federal Air Quality Regulations and Related

Permit Rules

Hearing Date and Time: Nov. 1, 2010, beginning at 6 p.m.

Hearing Location: DBQ - Bend Regional Office

Conference Room

475 NE Bellevue Dr., Suite 110

Bend, OR 97702

DEQ convened the rulemaking hearing at 6 p.m. and closed it at 6:30 p.m. No one attended the hearing

and no one testified.

No written or oral comments were received at the hearing.
Attachment 7.1, page 2

State of Oregon

Department of Environmental Quality Memorandum

Presiding Officer's Report

Date: November 3, 2010

To: Environmental Quality Commission

From: Tom Peterson, Western Region, Medford Office

Subject: Presiding Officer's Report for Rulemaking Hearing

Title of Proposal: Adoption of Federal Air Quality Regulations

Hearing Date and Time: Nov. 2, 2010, beginning at 6 p.m,

DEQ - Medford Regional Office

Conference Room

221 Stewart Ave, Suite 201

Medford, OR 97501

DEQ convened the rulemaking hearing at 6 p.m. and closed it at 6:30 p.m. No one attended the hearing

and no one testified.

No written or oral comments were received at the hearing.
Attachment 7.1, page 3

State of Oregon

Department of Environmental Quality Memorandum

Presiding Officer's Report

Date: November 8, 2010

To: Environmental Quality Commission

From: Gregg Dahmer, P.E., Air Quality Division, Program Operations Section

Subject: Presiding Officer's Report for Rulers inking Hearing

Title of Proposal: Adoption of Federal Air Quality Regulations

Hearing Date and Time: Nov. 3, 2010, beginning at 6 p.m.

Hearing Location: DEQ Headquarters, EQCA

811 S.W. Sixth Avenue

Portland

DEQ convened the rulemaking hearing at 6 p.m. and closed it 'at 6:30 p.m. People were asked to sign

registration forms if they wished to present comments. People were also advised that the hearing.was

being recorded.

Three people attended the hearing; no one testified.

DEQ staff Jerry Ebersole briefly explained the rulemaking proposal and I explained the procedures for

the hearing.

No written or oral comments were received at the hearing.

Attachment 7.2, page ]

Attachment 9: Compilation of public comment and DEQ response

Summary of Public Comment and Agency Response

Title of RulemakIng: Adoption of Federal Air Quality Regulations and Related Permit Rules

Prepared by: Jerry Ebersole Date: November 9, 2010

Comment

period

The public comment period opened Sept. 28, 2010, and closed at 5p.m. on Nov. 5, 2010. DEQ

held the following public hearings:

• Nov. 1, 2010, 6 p.m.

DEQ - Bend Regional Office

475 NE Bellevue Dr., Bend

0 attended and 0 testified.

• Nov. 2, 2010, 6 p.m.

DEQ - Medford Regional Office

221 Stewart Ave, Medford

0 attended and 0 testified.

• Nov. 3, 2010, 6 p.m.

DEQ Headquarters, Room EQCA

811 S.W. Sixth Avenue, Portland

3 attended and 0 testified.

One commenter submitted comments by e-mail and no verbal testimony was given at public

hearings.

Organization of

comments and

responses

Summaries of individual comments and the DEQ's responses are provided below. Information

on the commenter is listed following the summary of comments and responses.

Explanation of

acronyms used

DEQ = Department of Environmental Quality

EPA - Environmental Protection Agency

NESHAP - Nation Emission Standards for Hazardous Air Pollutants

HAP =Hazardous Air Pollutants

Summary of Comments/Responses

• Comment I: How would HAP emissions in Oregon likely be different if Oregon did not adopt the

proposed rule modifications?

• Response: If the Environmental Quality Commission does not adopt these rule modifications it is

anticipated that few reductions of hazardous air pollutants from these facilities would occur in the

state, In general EPA does not have the resources to ensure emission reductions are achieved by

Oregon sources and often relies on a national program of infrequent audits and enforcement. DEQ

is able to provide mote active implementation of the programs in Oregon by providing technical

assistance, permitting or registration and routine inspections along with audits and enforcement

which results in greater emission reductions,

Although these rules do exempt smaller facilities from permitting, emissions from these facilities

are not expected to be significant. For instance, the 50 or so gasoline dispensing facilities that
Attachment 7.2, page 2

would be exempted from permitting represent about 0.02 percent of the total volume ofgasoline

dispensed in Oregon, In addition, these facilities are still required to meet the federal rules- they

would just no longer be required to maintain a permit, DEQ will continue to provide outreach and

technical assistance to exempted facilities to increase compliance. DEQ may also perform random

audit inspections or periodically request throughput records to ensure that these facilities are still

exempt from permitting and are complying with the federal rules.

n Comment 2: NEDC contends that the proposed permit rule modifications undermine the purpose of

the NESHAPs by disregarding important public health concerns and improperly focusing

exclusively on mitigating economic impacts and administrative burden. Nowhere in the public

notice, the statement of need, or the proposed rulemaking does DEQ even mention the possibility

that delaying permitting, exempting source categories from permitting, and expanding the general

permit to cover additional sources will have any impacts on public health. How many facilities will

be implicated by the "area source" general permit? Have the cumulative effects of the emissions

and any synergies of emissions been evaluated in regards to health concerns?

• Response' DEQ does not know the exact number offacilities that would be exempted from or

required to obtain a general permit, but is continuing to contact and gather compliance

information from potentially affected facilities. Based on data submitted by gasoline dispensing

facilities in 2008, the expanded permit exemption would affect up to 200 facilities. DEQ estimates

that up to 20 metal fabrication facilities and 2 commercial sterilization facilities in the state may

qualify for a proposed permit exemption. DEQ estimates that up to 32 facilities may qualify for a

general permit with lower annual fees than the general permit currently required for metal

fabrication facilities. DEQ estimates there are as many as 33 potential paint and allied product

manufacturers that will need to obtain a permit as a result ofthis rulemaking.

Although, as mentioned in response to comment 1, the proposed rules do exempt some smaller

facilities from permitting, but only facilities with the smallest levels of emissions. In addition, these

facilities are still legally required to meet the federal rules; they would just no longer be required

to have a permit, DEQ will still provide outreach and technical assistance to exempted facilities to

increase compliance.

No, DEQ did not specifically evaluate cumulative impacts for this rulemaking.- DEQ isprimarily

adopting federal rules by reference so they can be implemented in Oregon. These rules are based

on the level ofemission reductions achievable based on improved operation of an affected source.

The targeted emission reductions are not based on health impacts ofthe cumulative emissions from

affected facilities.

• Comment 3: How will exempted facilities be monitored and what reporting is required of exempted

facilities to ensure they will not require a permit in the future?

+ Response: DEQ plans to monitor NESHAP-affected facilities exempted from permitting through

random audit inspections. If DEQ finds a high rate of non-compliance, then DEQ will consider

requiring periodic reporting of throughput or other related informationfrom exempt facilities.

DEQ has the authority to request that such records be submitted. DEQ also has the ability to

require that facilities, otherwise required to have a permit, register with DEQ. If non-compliance

becomes an issue, DEQ will consider proposing registration of exempted facilities in a future

rulemaking.
r

Attachment 7.2, page 3

• Comment 4: Did DEQ consider the public health impacts ofthe proposed rule modifications and if

so, how did DEQ consider the public health impacts? Why did DEQ fail to discuss the public health

impacts of the proposed rule modification?

• Response: DEQ is primarily adopting federal rules by reference so they can be implemented in

Oregon. The federal rules target the pollutants and source categories that create the most

significant health risks as described in the rulemaking announcement. DEQ 's implementation of the

federal rules increases the likelihood that the reduction in emissions and consequent health benefits

are achieved in Oregon. The fiscal impact statement also mentions that there are potential health

benefits and associated cast savings as a result of the rulemaking, in addition to cast, but they are

not easily quantified. The health impact of exempting a limited number ofsmall facilities from

permitting is minimal because those facilities are still required to comply with the requirements of

both the state and federal rules.

• Comment 5: How did public health concerns effect, if at all, design of the proposed rule

modifications?

• Response: DEQ is proposing the EQC adopt these federal rules to protect public health. Also when

evaluatingpermitting exemptions for smaller facilities, DEQ determined that gasoline dispensing

facilities and metalfabricators with throughput below the permit exemption levels would not pose

an excess cancer risk ofone-in-a-million. DEQ also determined that allowing apermit exemption

for two small sterilization facilities subject only to record keeping requirements is unlikely to result

in significant emission increases or consequences to public health.

• Comment 6: Is the current ambient monitoring network capable of monitoring facilities that are

exempted from permits or who will be grouped in a general permit? Would it be easier for DEQ to

monitor the emissions in order to analyze the facility's contributions?

• Response: No. There are only four air toxic monitors in the state. They are not capable of

monitoring individual facilities or groups offacilities. They are capable ofmonitoring ambient

concentrations and trends for specific toxies, but only in the communities in which they' are located.

The most effective way to monitor individual or a group of exemptedfacilities would be through

random audit inspections or a periodic reporting requirement as discussed in the response to

comment 3.

1 _

• Comment 7: What are the obligations on DEQ of reporting HAP reduction trending to EPA?

• , Response: There are no obligations on DEQ to report HAP emission reduction trends to EPA.

However, DEQ voluntarily reports HAP emissions to EPA every three years as part of the national

emission inventory. This reporting may not show emission trends because NESHAP affected

facilities are treated as area sources prior to complying with a NESHAP and point sources after

complying with the NESHAP. In other words, the emissions are calculated differently prior to

compliance and after compliance and unfortunately may not provide a good comparison of

emissions before and after compliance.

• Comment 8: Are there any requirements or timelines DEQ must meet in regards to reducing HAPs?

• Response: There are no requirements or timelines DEQ must meet in regard to reducing HAPs.

However, DEQ has goals for timely permit issuance and there are compliance deadlines that

affected facilities must meet. This rulemaking does not affect those compliance deadlines.
Attachment 7.2, page 4

Arno

_

Organization Submit NOWN 7

Kenny Key,BobbieTraversolEstes NW Environmental DefenseCenter NovembPr 5,2010

-